# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 929V

(not to be published)

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ELIZABETH EVANS

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

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* Filed: June 24, 2020

Decision by Stipulation; Damages;

Influenza (“Flu”) Vaccine; Shoulder

Injury Related to Vaccine Administration

(SIRVA).

Shealene Mancuso

, Muller Brazil, LLP

, Dresher

, P A

, for Petitioner.

Robert Coleman III , U.S. Dep ar t ment of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1

On July 1 , 2017

, Elizabeth Evans (“ Petitioner ”) filed a petition, seeking compensation

under the National Vaccine Injury Compensation Program ( “ the Vaccine Program ” ). 2 Pet., ECF

No. 1. Petitioner alleges she suffered a shoulder injury related to vaccine administration (SIRVA)

as a result if receiving an influenza vaccine on October 9, 2015. See Stipulation ¶ 2, 4, dated June

24 , 2020 (ECF No. 4 54 ) ; see also Petition.

Respondent denies “ that [P]etitioner sustained a Table SIRVA injury, and denies that the

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted

on the Court of Federal Claims’ website in accordance with the E

- Government Act of 2002, 44 U.S.C. §

3501 (2012). This means the ruling will be availa ble to anyone with access to the internet . As provided

by 42 U.S.C. § 300aa

- 12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain

kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourte en days

within which to request redaction “of any information furnished by that party: (1) that is a trade secret or

commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or

similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine

Rule 18(b). Otherwise, the Decision in its present form will be available. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.

No. 99

- 660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa

- 10

– 34 (2012)) (hereinafter

“Vaccine Act” or “the Act”). All subsequent references to se ctions of the Vaccine Act shall be to the

pertinent subparagraph of 42 U.S.C. § 300aa.influenza vaccine caused [P]etitioner to suffer from a shoulder injury or any other injury .” See

Stipulation ¶ 6. Nonetheless, both parties, while maintaining th eir above

- stated positions, agreed

in a stipulation filed June 24 , 2020 that the issues before them can be settled and that a decision

should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation

is reasonable

. I therefore adopt it as my decision in awarding damages on the terms set forth

therein.

The stipulation awards :

a lump sum of $ 38

, 5 00 .00 in the form of a check payable to [P]etitioner

.

Stipulation ¶ 8. This award represents compensation for all damages that would be available under

42 U.S.C. § 300aa

- 15(a).

I approve a Vaccine Program award in the requested amount set forth above to be made to

Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the C lerk

of the C ourt is directed to enter judgment herewith. 3

IT IS SO ORDERED.

s/ Katherine E. Oler

Katherine E. Oler

Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice

renouncing their right to seek review.