United States Court of Federal Claims, 2015

Casa v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided June 26, 2015 · Lisa Hamilton-Fieldman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-54V Filed: June 26, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED L.C., *

* Special Master Hamilton-Fieldman Petitioner, *

* Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine;

* Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”). AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * Andrew Downing, Van Cott and Talamante, Phoenix, AZ, for Petitioner.

Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.

DECISION 1

On January 24, 2014, L.C. (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that an influenza (“flu”) vaccination administered to her on October 29, 2012 caused her to suffer from a shoulder injury (“SIRVA”).

On June 16, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccine caused Petitioner’s SIRVA or any other injury or her current disabilities. 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 stipulate that Petitioner shall receive the following compensation:

A lump sum of $140,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Stipulation ¶ 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 the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master

1 This Decision was originally filed on June 17, 2015. On June 24, 2015, Petitioner requested a redaction. The motion was granted in an Order filed on June 25, 2015. In the reissued Decision, Petitioner’s name is replaced with her initials, and her name is redacted from the attached stipulation. The remainder of the Decision is unchanged. 2 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. 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.

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