Avila v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 22, 2023 * * * * * * * * * * * * * GENEVIEVE AVILA, * * Petitioner, * No. 19-1728V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Amy Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.

Jennifer Shah, U.S. Dept. of Justice, Washington, DC, for respondent.

DECISION ON STIPULATION 1 On November 6, 2019, Genevieve Avila (“petitioner”) filed a petition for compensation in the National Vaccine Injury Compensation Program. 2 Petition (ECF No. 1). Petitioner alleged that she suffered a left shoulder injury related to vaccine administration (“SIRVA”) as a result of the influenza vaccine she received on October 19, 2018. Id. at Preamble.

On December 21, 2023, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 48). Respondent denies that petitioner suffered from SIRVA, denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury. Id. at ¶ 6. Nevertheless, maintaining their positions, the parties “now

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. agree that the 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. 3 See id. at ¶ 7.

The stipulation provides: 1) A lump sum of $4,250.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 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. 4 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master

To avoid the unnecessary disclosure of petitioner’s personal information, the Chief Special Master has implemented a new policy for the Office of Special Masters, effective immediately, that the Vinesign form be omitted when attaching the Stipulation to the special master’s Decision adopting the Stipulation. As such, the Vinesign form included in the originally filed Stipulation has been removed from the Stipulation attached to this Decision.

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