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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: June 9, 2021

* * * * * * * * * * * * * * *

A RTH U R LYTL E

, JR

, * UNPUBLISHED

*

Petitioner

, * N o

. 1 8

- 1 818 V

*

v. * Special Master Dorsey

*

SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza

AND HUMAN SERVICES, * (“Flu”) Vaccine; Shoulder Injury Related to

* Vaccine Administration (“SIRVA”).

Respondent. *

*

* * * * * * * * * * * * * * *

Je ffery S. Pop

, Jeffrey S. Pop & Associates

, Beverly Hills , CA , for petitioner.

D arryl R. Wishard , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION BASED ON STIPULATIO N 1

On Nove mber 27 , 201 8

, Ar thur Lytle, Jr. (“petitioner”) filed a petition in the National

Vaccine Injury Compensation Program. 2 Petitioner alleged that as a result of an influenza (“flu”)

vaccine on October 11 , 201 6

, he developed a shoulder injury relat ed to vaccine administration

(“SIRVA”) . Petition at 1 (ECF No. 1).

On June 7 , 2021, the parties filed a stipulation recommending an award of compensation

to petitioner. Stipulation (ECF No. 57 ). Respondent denies that petitioner suffered a Table

injur y for SIRVA, denies that the vaccine either caused or significantly aggravated petitioner’s

1 Because this Decision contai ns a reasoned explanation for the action in this case, the

undersigned is required to post it on the United States Court of Federal Claims’ website in

accordance with the E

- Government Act of 2002. 44 U.S.C. § 3501 note (2012) ( Federal

Management and Promo tion of Electronic Government Services). This means the Decision will

be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b),

petitioner has 14 days to identify and move to redact medical or other information, the discl osure

of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned

agrees that the identified material fits within this definition, the undersigned will redact such

material from public access.

2 The National Vaccine I njury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2012) (“Vaccine Act” or “the Act”). A ll citations in this Decisio n

to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.2

alleged injury or any other injury, and denies that petitioner’s current disabilities a re the result of

a vaccine

- related injury. Id. at ¶ 6

. Nevertheless, the pa rties agree to the joint stipulation,

attached hereto as Appendix A. The undersigned finds t he stipulation reasonable and adopts it as

the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that petitioner s hall receive the following compensation:

(1) A lump sum of $ 45 ,000.00 in the form of a check pa yable to petitioner

.

(2) A lump sum of $183.12 for payment of a State of Michigan Medicaid lien, in the

form of a check payable to petitioner and the Michigan Depart ment of Health

and Human Services, P.O. Box 30435, Lansing Ml 48909

- 7979; ATTN: ID #

0019315850. Petitioner agrees to endorse this payment to the State of Michigan

for the Medicaid lien.

This amount represents compensation for all damages that would be a vailable under 42

U.S.C. § 300aa

- 15(a). Stipulation at ¶ 8.

The undersigned approves the requested amount for petitioner ’ s compensation.

Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of

Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

I T IS SO ORDERED.

s/ Nora Be th D orsey

Nora Beth Dorsey

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.