In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0298V
UNPUBLISHED
LINDA STUKER, Chief Special Master Corcoran
Petitioner, Filed: September 21, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 16, 2020, Linda Stuker 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 related to vaccine
administration (“SIRVA”), which meets the Table definition for SIRVA, after receiving the
influenza vaccine on January 16, 2018. Petition at 1, ¶¶ 1, 10; Stipulation, filed at Sept.
21, 2021, ¶¶ 1-2, 5. Petitioner further alleges that she suffered the residual effects of her
SIRVA for more than six months and that neither she nor any other party has filed a civil
action or received compensation for her injury. Petition at ¶¶ 10-11; Stipulation at ¶¶ 4-
5. Respondent “denies that [P]etitioner sustained a SIRVA Table injury; denies that the
vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that
her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
1
Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required 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). This means the Decision will be available to anyone with access to the
internet. 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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
Nevertheless, on September 21, 2021, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
1. A lump sum payment of $10,000.00 in the form of a check payable to
Petitioner; and
2. A lump sum payment of $2,393.69, representing reimbursement of a
Medicaid lien for services rendered to Petitioner by the State of Montana, in
the form of a check payable jointly to Petitioner and Department of Public
Health and Human Services, and mailed to:
Department of Public Health and Human Services,
Quality Assurance Division
P.O. Box 202953
Helena, MT 59620
Medicaid ID: 14619.
Stipulation at ¶ 8. Petitioner agrees to endorse the check to Department of Public Health
and Human Services for satisfaction of the Medicaid lien. This amount represents
compensation for all items of damages that would be available under Section 15(a). Id.
I approve 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/Brian H. Corcoran
Brian H. Corcoran
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 CLAIM:S
omCE OF SPECIAL MASTERS
LINDA STUKER,
Petitioner, No. 20-298V ECF
v. Chief Special Master Core oran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Linda Stuker (''petitioner"), filed a petition for vaccine compensation under the
National Vaccme Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (tru: "Vaccine
Program"). The petition seeks compensation for injuries allegedly relate~ to peti1icmer's receipt
of an influenza ('1lu") vaccine, which vaccine is contained in the Vaccine Injury Tab:le (the
'7able"), 42 C.F.R. § 100.3(a)
2. Petitioner received a flu vaccine on January 16, 2018.
:t The vaccine was adr:nroistered within the United States.
4. Petitioner alleges that she sustained a shoulder injucy related to vaccine, adnrioistration
(''SIRVAn) within the time period set forth in the Table, or in the alternative, that her alleged ·
shoulder injury was caused by the vaccine. She further alleges that she experienc,,d·th~ residual
effects oftlm condition for more than silt months.
1
S. Petitioner represents that there bas been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injury.
6. Respondent denies that petitioner sustained a SIRVA Table injllryj dc:nies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and dem~s that her
CUITCnt condition is a sequela of a vaccine-related iajury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled, and that a decision sboukt be entered awar