Filed: May 18, 2016
Latest Update: May 18, 2016
Summary: DECISION ON JOINT STIPULATION 1 NORA BETH DORSEY , Chief Special Master . On July 30, 2015, Karl Zimmerman ("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 he suffered an injury to his right shoulder as a result of an influenza ("flu") vaccine he received on October 15, 2012. Petition at 1; Stipulation, filed May 18, 2016, at 4. Petitioner further alleg
Summary: DECISION ON JOINT STIPULATION 1 NORA BETH DORSEY , Chief Special Master . On July 30, 2015, Karl Zimmerman ("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 he suffered an injury to his right shoulder as a result of an influenza ("flu") vaccine he received on October 15, 2012. Petition at 1; Stipulation, filed May 18, 2016, at 4. Petitioner further allege..
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DECISION ON JOINT STIPULATION1
NORA BETH DORSEY, Chief Special Master.
On July 30, 2015, Karl Zimmerman ("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 he suffered an injury to his right shoulder as a result of an influenza ("flu") vaccine he received on October 15, 2012. Petition at 1; Stipulation, filed May 18, 2016, at ¶ 4. Petitioner further alleges he experienced the residual effects of his injury for more than six months. Petition at 3; Stipulation at ¶ 4. "Respondent denies that petitioner's alleged injuries and residual effects were caused-in-fact by the flu vaccine." Stipulation at ¶ 6.
Nevertheless, on May 18, 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.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $120,000.00, in the form of a check payable to petitioner. Stipulation at ¶ 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.
FootNotes
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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.
2. National 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).
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.
