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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-813V

Filed: October 29, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

TRACY FOX, *

 * Special Master Gowen

Petitioner, *

 * Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine;

 * Right Arm and Shoulder Injuries;

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 *

Respondent. *

 *

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

Lawrence R. Cohan, Anapol, Schwartz, Weiss & Smalley, P.C., Philadelphia, PA, for petitioner.

Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On October 18, 2013, Tracy Fox (“petitioner”) filed a petition pursuant to the National 

Vaccine Injury Compensation Program.

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42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged 

that, as a result of receiving an influenza (“flu”) vaccine on September 12, 2012, she suffered 

injuries to her right arm and shoulder. Stipulation ¶ 2, 4, filed Oct. 27, 2014. Further, petitioner 

alleged that she experienced residual effects of her injury for more than six months. Id. at ¶ 4. 

 

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this ruling on the website of the United States Court of Federal 

Claims, 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)). As provided by 

Vaccine Rule 18(b), each party has 14 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).

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The National Vaccine Injury 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 (2006) (Vaccine Act or the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
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On October 27, 2014, the parties filed a stipulation in which they state that a decision 

should be entered awarding compensation. Respondent denies that the flu vaccination caused 

petitioner’s right arm and shoulder injuries. Id. at ¶ 6. Nevertheless, the parties agree to the joint 

stipulation, attached hereto as Appendix A. 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 also stipulate to an award of attorneys’ fees and costs in the joint stipulation 

filed on October 27, 2014. The parties agree to a total award of attorneys’ fees and costs in the 

amount of $15,373.47. In accordance with General Order #9, petitioner represents that she did 

not personally incur costs related to this proceeding. Id. at ¶ 8(b). The undersigned finds the 

stipulation for fees and costs reasonable and adopts it as the decision of the Court. 

The parties stipulate that petitioner shall receive the following compensation:

A lump sum of $85,000.00, in the form of a check payable to petitioner, Tracy Fox. 

This amount represents compensation for all damages that would be available 

under 42 U.S.C. § 300aa-15(a).

A lump sum of $15,373.47, in the form of a check jointly payable to petitioner and to 

petitioner’s attorney, Lawrence R. Cohan, pursuant to 42 U.S.C. § 300 aa-15(e), for 

attorneys’ fees and costs.

Id. at ¶ 8. 

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

attorneys’ fees and costs. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in 

accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED.

s/ Thomas L. Gowen

 Thomas L. Gowen

Special Master

 

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

notice renouncing the right to seek review.