Judges: Nora Beth Dorsey
Filed: Sep. 26, 2016
Latest Update: Mar. 03, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-679V Filed: January 13, 2016 UNPUBLISHED **************************** LORENE SCOTT, * * Petitioner, * Joint Stipulation on Damages; * Influenza; * Shoulder Injury (“SIRVA”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * **************************** Maximilian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Justine Walters, U.S. Department of Justice, Washington,
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-679V Filed: January 13, 2016 UNPUBLISHED **************************** LORENE SCOTT, * * Petitioner, * Joint Stipulation on Damages; * Influenza; * Shoulder Injury (“SIRVA”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * **************************** Maximilian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Justine Walters, U.S. Department of Justice, Washington, D..
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-679V
Filed: January 13, 2016
UNPUBLISHED
****************************
LORENE SCOTT, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
****************************
Maximilian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION 1
Dorsey, Chief Special Master:
On June 30, 2015, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 [the “Vaccine
Act”]. Petitioner alleges that she suffered a shoulder injury following receipt of an
influenza vaccination. Petition at 1; Stipulation, filed 1/13/2016, ¶ 4. Petitioner further
alleges that there has been no prior award or settlement of a civil action for damages on
her behalf as a result of her condition. Petition at 2; Stipulation¶ 5. “Respondent denies
that the influenza immunization caused petitioner’s shoulder injury or any other injury or
her current condition. ” Stipulation, ¶ 6.
Nevertheless, on January 13, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $83,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a).
Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision. 3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.