Sears v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-0578V

Filed: July 17, 2015

Unpublished

**************************** GILLIAN SEARS, *

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Petitioner, * Joint Stipulation on Damages;

* Trivalent Influenza (“Flu”) Vaccine; * Brachial Neuritis; Special Processing

SECRETARY OF HEALTH * Unit (“SPU”) AND HUMAN SERVICES, *

*

Respondent. *

*

**************************** Isaiah Kalinowski, Esq., Maglio Christopher and Toale, PA, (DC) Washington, DC, for petitioner.

Glenn MacLeod, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On July 8, 2014, Gillian Sears filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered “severe pain, burning sensation, and stiffness in the right shoulder” within a few hours of receiving the trivalent influenza vaccination on October 1, 2012. Petition, ¶¶ 2-3; accord. Stipulation, filed July 17, 2015, ¶¶ 2, 4. Petitioner references the medical records from one of her treating physicians indicating “[t]his appears to be a relatively clear case of axillary neuritis whether chemically induced or physically by the injection itself.” Petition, ¶ 2. Petitioner further alleges that she experienced the residual effects of her injury for more than six months and continues to suffer these effects. Petition, ¶¶ 9, 10; Stipulation, ¶ 4. Respondent denies that the trivalent influenza vaccine caused petitioner’s brachial neuritis or any other injury, and denies that her current disabilities are sequelae of a vaccine-related injury. Stipulation, ¶ 6.

Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On July 17, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to pay petitioner a lump sum of $150,000.00 in the form of a check payable to petitioner, Gillian Sears. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under § 15(a). Id.

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. 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 s/Denise K. Vowell Denise K. Vowell Chief Special Master