In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0874V
Filed: December 7, 2015
UNPUBLISHED
****************************
CHERYL PEDRAZA, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”).
*
Respondent. *
*
****************************
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 13, 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 as a result of an
influenza (“flu”) vaccine she received on October 14, 2014. Petition at 1; Stipulation,
filed 12/7/2015, ¶ 4. Respondent states that “[t]here is not a preponderance of the
evidence demonstrating that petitioner’s condition is due to a factor unrelated to
vaccination.” Stipulation, ¶ 6.
Nevertheless, on December 7, 2015, the parties filed a joint stipulation (attached
as Appendix A), 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Because this unpublished decision contains a reasoned explanation for the action in this case, the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.
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).
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The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $115,772.83, 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.
2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CHERYL PEDRAZA, )
)
Petitioner, ) No. 15-874V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
~~~~~~~~~~~~~~)
STIPULATION
The parties hereby stipulate to the follow ing matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (the "Vaccine Program"). The petition
seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu")
vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. §
I 00.3(a).
2. Petitioner received the flu ·vaccination on or about October 13, 20 14.
3. The vaccine was administered within the United States.
4. Petitioner suffered a shoulder injury related to vaccine administration ("SIRVA").
This includes, but is not limited to, petitioner's right shoulder bursitis, right anterior shoulder
lesion, and nodular fasci itis.
5. Petitioner experienced the residual effects of her injury for more than six months.
6. There is not a preponderance of evidence demonstrating that petitioner's condition is
due to a factor unrelated to vaccination.
7. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
8. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for her SIRVA. Therefore, a decision should be entered awarding the compensation described in
Paragraph 9 of this stipulation.
9. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $115,772.83 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).
10. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
11. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U .S.C. § 300aa- 15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
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12. Payment made pursuant to paragraph 9 of this Stipulation, and any amounts awarded
pursuant to paragraph I 0 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
13. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past out-of-pocket expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict constrnction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
14. In return for the payments desc1ibed in paragraphs 9 and 10, petitioner, in her
individual capacity, and on behalf of his heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S .C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the flu vaccine administered on or
about October 13, 2014, as alleged by petitioner in a petition for vaccine compensation filed on
or about August 13, 2015, in the United States Court of Federal Claims as petition No. 15-874V.
15. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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16. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
17. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 10 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
/
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Respectfully submitted,
PETITIONER:
l&YtJKm
ATTORNEY OF RECO AUTHORIZED REPRESENTATIVE
PETITI R: OF THE ATIORNEY GENERAL:
I IM J. MULLER
Muller Brazil, LLP
!id~l&~
Deputy Director
715 Twining Road Torts Branch
Suite 107 Civil Division
Dresher, PA 19025 U.S. Department of Justice
(215) 885-1655 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFH EALTH RESPONDENT:
AND VICES:
OUSTON, M.D., M.P.H, FAAP DARRYLR. WISHARD
Acting Director, Division of Vaccine Senior Trial Attorney
Injury Compensation (DVIC), Acting Director Torts Branch
Countenneasures Injury Compensation Civil Division
Program (CICP) U.S. Department of Justice
Healthcare Systems Bureau, U.S. Department P.O. Box 146
Of Health and Human Services Benjamin Franklin Station
5600 Fishers Lane Washington, DC 20044-0146
Parklawn Building, Mail Stop l lC-26 (202) 616-4357
Rockville, MD 20857
Dated: f :2 { 1 {1 :L
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