Manuel v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

************************* GLORIA MANUEL, *

* No. 17-1159V Petitioner, * Special Master Christian J. Moran

* v. *

* Filed: September 16, 2019 SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner; Adriana Teitel, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On September 6, 2019, the parties filed a joint stipulation concerning the petition for compensation filed by Gloria Manuel on August 28, 2017. Petitioner alleged that the influenza vaccine she received on November 3, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from a shoulder injury related to vaccination administration (“SIRVA”). Petitioner further alleges that she suffered the residual effects of this injury for 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 her condition.

Respondent denies that the influenza vaccine caused petitioner to suffer from SIRVA or any other injury.

Nevertheless, the parties agree to the joint stipulation, attached hereto. 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 $17,250.00 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).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 17-1159V according to this decision and the attached stipulation.2

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master