United States Court of Federal Claims, 2013

Rosemary Huber v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided May 29, 2013

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-555V

Filed: May 29, 2013

Not for Publication

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

ROSEMARY HUBER, * *

Petitioner, * Damages decision based on stipulation; v. * influenza vaccine; shoulder injury related to * vaccine administration SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * *************************************

Carol L. Gallagher, Linwood, NJ, for petitioner.

Linda S. Renzi, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On May 28, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) that was caused by her September 13, 2011 receipt of influenza vaccine. Petitioner further alleges that she experienced the residual effects of her injury for more than six months. There is not a preponderance of evidence demonstrating that petitioner’s condition is due to a factor unrelated to her influenza vaccination. Petitioner is entitled to compensation under the terms of the Vaccine program.

The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the Court awards petitioner a lump sum of $100,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $100,000.00 made payable to petitioner.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: May 29, 2013 /s/ Laura D. Millman Laura D. Millman Special Master

1 Because this unpublished decision contains a reasoned explanation for the special master's action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims's website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review.

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