Dotson v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************** COLLEEN DOTSON, * No. 15-93V * Special Master Christian J. Moran Petitioner, * * v. * * Filed: October 16, 2015 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; influenza vaccine; * shoulder; adhesive capsulitis; bursitis.

Respondent. * * ********************** Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner; Heather L. Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On October 13, 2015, the parties filed a joint stipulation concerning the petition for compensation filed by Colleen Dotson on January 29, 2015. In her petition, petitioner alleged that the influenza vaccine she received on or about October 24, 2012 caused her to suffer a shoulder injury including adhesive capsulitis and bursitis, with residual effects lasting more than six months.

Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of his condition.

Respondent denies that any of the vaccines that petitioner received either caused or significantly aggravated petitioner’s shoulder injuries or any other injury or condition.

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include: A lump sum payment of $75,000.00 in the form of a check payable to petitioner, Colleen Dotson. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 15-93V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360.

IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

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