In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-142V
Filed: December 30, 2015
UNPUBLISHED
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PAULETTE CUMMINS, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
* Severe Shoulder Pain; Special
SECRETARY OF HEALTH * Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
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Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 11, 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 severe shoulder pain as a result of
her September 18, 2012 influenza [“flu”] vaccine. Petition at 1; Stipulation, filed
December 30, 2015, ¶¶ 2, 4. Petitioner further alleges that she has suffered the
residual effects of her injury for more than six months and has received no prior
compensation, award, or settlement of a civil action for damages as a result of her
injury. Petition, ¶¶ 26-27; Stipulation, ¶¶ 4-5. “Respondent denies that the flu vaccine
caused petitioner’s alleged shoulder pain. Respondent further denies that the flu
vaccine caused petitioner any other injury or her current condition. ” Stipulation, ¶ 6.
Nevertheless, on December 30, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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Because this unpublished decision contains a reasoned explanation for the action in this case, the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).
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 stipulated that petitioner shall receive the following compensation:
A lump sum of $95,000.00 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.
2
Case 1:15-vv-00142-UNJ Document 24 Filed 12/30/15 Page 1 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFI CE OF SPECIAL MASTERS
PAULETfE CUMM INS.
Petiti oner.
v. No. 15-l-12V
Chie l' Special Master Dnrse~
SECRF.TA RY OF HEALTH A D 1-:CF
HUMAN SE RV ICES.
Rcsrondcnt.
STIPULATION
Th e parties hereby stipulate to the follo\\'i ng matters:
I . Pet it ioner lilcd n petition for vacci ne compcnsmion undcr the N at ional V~11:e i 111.: Injury
Com pensation Program. 42 l l.S.C. ~ 300aa-10 to 3-1 (the "Vaccine Program"). The rc1iti o11
seeks compen sation for injuries alleged l y related 10 pctitinner· s receipt ol' an inllucn1.a ("llu")
vaccine. w hich vaccine is contained in th e Vacci ne Inj ury T able (the ·Table"). -1 2 C.F.R. ~ 100.3
(a).
.., Petit inner recei\'ccl her llu immunin llinn on Septem ber 18. 20 12.
3. Th e vaccine \\n s administered within the United States.
4. Pet itio ner alleges that she dcvdopcd severe shoulder pain as a consequence n l'the llu
immuni.-::ation she rece ived. and l'urther alleges that sh<.: c.\per icnccd the residual effect s ol'this
injury fi)I' more than six month s.
5. Petitioner represents that there has been no prior a\\ard or settlcment o l'a civ il ac tion
f<> r damages as a result of her conditi on.
Case 1:15-vv-00142-UNJ Document 24 Filed 12/30/15 Page 2 of 5
6. Respondent denies that the llu vacc ine caused petitioner's alleged shoulder pa in.
Responclenc fu rther denies that the nu \accine caused petitioner an~ other injury or her cu rrent
cond ition.
7. Mai nta ining their abo\'e-stated positions. the panics ncvcrlhtkss 110\\ agree that the
issues between them shall be settled and that a clcl.:ision shoulJ be entered a"arding the
compensat ion described in paragraph 8 of this Stipulation.
8. As soon as practicable nf'ter an entr) ol'judgment rellecting a decision consistent" ith
rhe terms o f thi s Stipulation. and aller pet itioner has lilccl an elect ion to recei ve compensation
pursuant to ~ 2 LJ.S.C. *300an-2 I (a)( I). the Set:retar) ol' I lea Ith and 1luman Services" ill issue
the fol lowi ng vacei ne compcnsat ion pa) mcnt:
A lump sum o l'S95,000.00 in the form ora check pa) able to pctitionL'r. This
amount represents compensation for all damages that \\Otild be a\'ailablc under
42 U.S.C. ~ 300aa- 15(a).
9. As !inon a-; practi<.: abl c nl'tcr the entry ol'juJg1111.:nt on cntitlcmrnt in this L'asc. and alier
pcritioner has filed both a rropcr and timely election to recci\'c compensation pursuant to
.:\ 2 U.S.C. ~ 300aa-2 I (a)( I ). and an application. the parties" ill submit to rurther proccc.:dings
before the special master to ;rnard reasonable attornc.:)s· lt:cs and costs incurred in prnn:cclin g.
upon thi s petition.
I 0. Petitioner and her altorney represent that the: have idcntilied to rcspomknt all
known sources or payment lor items or services 1\)r "hich the Prngrnm is not primaril) liable
under -1 2 U.S. C. *300aa- I 5(g). incl uding St:llc com pensatic1n prngram ~. insurance polii.:ics.
Federal or State health benefits programs (other than Title XIX of the S1.icial Sc1:urit: 1\ ct
(-12 Ll.S.C. ~ 1396 ct seq.)). or entit ies that provide hea lth se rvices on a pre-paid basis.
Case 1:15-vv-00142-UNJ Document 24 Filed 12/30/15 Page 3 of 5
11. Pa) nH!nls made pursuant lo paragraph 8 and any amounts 11\\ardt.:cl pursuant to
paragraph 9 ofthis Stipulation will be mack in accordance ''ith -12 lJ.S.C. ~ 300aa-15(i). subject
to the availability of sufficient statutor) !imds.
12. The parties and thdr attornc)s rurther agree and stipulate that. e.\ccpl for an~ a"