Jenkins v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-732V Filed: August 4, 2015 Unpublished **************************** FRANKLIN JENKINS, * * Petitioner, * Joint Stipulation on Damages; * Influenza Vaccine or Flu Vaccine; * Dermatofibroma; Shoulder Injury SECRETARY OF HEALTH * Related to Vaccine Administration; AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit * (“SPU”) Respondent. * * **************************** Ronald Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.

Jennifer Reynaud, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1 Vowell, Chief Special Master: On August 13, 2014, Franklin Jenkins 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 he suffered a shoulder injury related to vaccine administration [“SIRVA”] and dermatofibroma resulting from the influenza vaccine he received on October 4, 2011. Petition at 1; see Stipulation, filed Aug. 3, 2015, ¶¶ 1-2, 4. Petitioner further alleges that he experienced the residual effects of his injury for more than six months. Petition, ¶ 29; see Stipulation, ¶ 4. Respondent denies that the influenza vaccination caused petitioner’s SIRVA and dermatofibroma or any other injury. Stipulation, ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it on the United States Court of Federal Claims' website, in accordance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 unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

2National 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 subparagraph of 42 U.S.C. § 300aa (2006).

Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On August 3, 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 $22,000.00 in the form of a check payable to petitioner, Franklin Jenkins. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-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

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

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