Ahern v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 3, 2023 * * * * * * * * * * ** * LISA AHERN * * Petitioner, * No. 20-338V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; AND HUMAN SERVICES, * Influenza (“flu”); Shoulder * . Injury Related to Vaccine Respondent. * Administration (“SIRVA”). * * * * * * * * * * * * * Andrew Downing, Downing, Allison & Jorgenson, Phoenix, AZ, for petitioner.

Catherine E. Stolar, U.S. Dept. of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION 1 On March 25, 2020, Lisa Ahern (“petitioner”) filed a petition for compensation in the National Vaccine Injury Compensation Program. 2 Petition (ECF No. 1). Petitioner alleged that she suffered from a left Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving the influenza (“flu”) vaccine on October 17, 2017. Id. On November 3, 2023, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 61). Respondent denies that the flu vaccine caused petitioner to suffer a left SIRVA or any other injury. Id. at ¶ 6.

Respondent also denies that petitioner’s current condition is a sequalae of a vaccine related injury. Id. Nevertheless, maintaining their respective positions, the parties now agree that the

Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 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 (2012) (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. issues between them shall be settled and that a decision should be entered awarding petitioner compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.

The stipulation provides: 1) A lump sum of $5,000 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).

Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the stipulation and this decision. 3 IT IS SO ORDERED.

s/Thomas L. Gowen Thomas L. Gowen Special Master

Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a).