Battles v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 6, 2025 * * * * * * * * * * * * * ANGELA BATTLES, * * Petitioner, * No. 23-1345V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Daniel Alholm, Alholm Law PC, Chicago, IL, for petitioner.
Elizabeth Andary, U.S. Dept. of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION 1 On August 17, 2023, Angela Battles (“petitioner”), filed a Petition for Compensation in the National Vaccine Injury Compensation Program. 2 See Petition (ECF No. 1). Petitioner alleged that she suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of the influenza vaccine she received on October 6, 2022. Id. at Preamble.
On May 5, 2025, respondent filed a Stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation ¶ 7 (ECF No. 31). Respondent “denies that petitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties “now agree that the issues between them shall be settled and that a decision should be entered awarding” compensation according to the terms of the Stipulation attached hereto as Appendix A. Id. at ¶ 7.
The Stipulation provides: 1) A lump sum of $75,000.00 to be paid through and ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
I adopt the parties’ Stipulation attached hereto and award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of 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
Case-law data current through September 30, 2026. Source: CourtListener bulk data.