# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 150 V

Filed: January 28, 2016

UNPUBLISHED

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

RONALD WATKINS

, *

*

Petitioner, * Joint Stipulation on Damages ;

* Influenza ;

* Shoulder Injury ( “ SIRVA ” ) ;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

M

ichael McLaren, Black McLaren Jones Ryland & Griffee PC, Memphis, TN

, f or

petitioner.

Camille Collett , U

. S

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

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On February 18, 2015

, p etitioner filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 [ the

“Vaccine Act” ]. Petitioner alleges that he suffered a shoulder injury following his

October 1, 2013 influenza vaccination . Petit ion at 1 ; Stipulation , filed 1/28/2016

, ¶ 1

. Petitioner further alleges t hat he received the vacci nation within the United States, that

the residual effects of his injury lasted for more than six months , and that there has

been no prior award or settlement of a c ivil action for damages as a result of his

condition . Petit ion at 4 ; Stipulation ¶¶ 1

- 5

. “ Respondent denies that the flu

immunization is the cause of petitioner ’ s alleged shoulder injury, or any other injury or

condition. ” Stipulation

, ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with

the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended

at 44 U.S.C. § 3501 note (2006)) . In accordance with Vaccine Rule 18(b), petitioner has 14 days to

identify and move to redact medical or other information, the disclosure of which would constitute an

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

- 660, 100 Stat. 3755. Hereinafter, for

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).Nevertheless, o n January 28, 2016 , the parties filed the attached joint stipulation,

stating that a decision should be entered awarding compensation. The undersigned

finds the stipulation reasonable and adopts it as the decision of the Court in awarding

damages, on the terms set forth therein.

The parties stipulated that petitioner shall receive the following compensation:

A lump sum of $ 7 5,000.00 in the form of a check payable to petitioner

. Stipulation, ¶ 8. This amount represents compensation for all items of damages

that would be available under 42 U.S.C. § 300aa

- 15(a). Id

.

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

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

the court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

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

renouncing the right to seek review.Case 1:15-vv-00150-UNJ Document 27 Filed 01/28/16 Page 1 of 5Case 1:15-vv-00150-UNJ Document 27 Filed 01/28/16 Page 2 of 5Case 1:15-vv-00150-UNJ Document 27 Filed 01/28/16 Page 3 of 5Case 1:15-vv-00150-UNJ Document 27 Filed 01/28/16 Page 4 of 5Case 1:15-vv-00150-UNJ Document 27 Filed 01/28/16 Page 5 of 5