Anderson v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: January 17, 2019
• Docket: 17-1178
• Status: Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1178V Filed: December 11, 2018 UNPUBLISHED

THERESA ANDERSON,

Petitioner, v. Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza SECRETARY OF HEALTH (Flu) Vaccine; Shoulder Injury AND HUMAN SERVICES, Related to Vaccine Administration (SIRVA) Respondent.

Bruce William Slane, Law Office, White Plains, NY, for petitioner. Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On August 31, 2017, Theresa Anderson (“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 left shoulder injury related to vaccine administration (“SIRVA”), including a left rotator cuff tear, tendinopathy, partial tears of the supraspinatus tendon, a partial laminating tear within the infraspinatus muscle and tendon, left shoulder impingement syndrome, and bursitis of the left shoulder, as a consequence of an influenza (“flu”) vaccine she received on or about September 4, 2016. Petition at 1; Stipulation, filed December 11, 2018, at ¶ 4. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent denies that the

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website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). 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). flu vaccine caused petitioner’s alleged left shoulder injuries, or any other injury, and further denies that her current disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on December 11, 2018, 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.

Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation:

a. A lump sum of $460.51, which amount represents reimbursement for a lien for services provided to petitioner, in the form of a check payable jointly to petitioner and

DC Treasurer Department of Health Care Finance – TPL Section 441 4th Street NW – Suite 1000 S Washington, DC 20001

Petitioner agrees to endorse this payment to the District of Columbia; and

b. A lump sum of $40,000.00, which amount represents compensation for all remaining elements of damages available to petitioner 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 § 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.