Larson v. Secretary of Health and Human Services ( 2018 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0986V
Filed: June 26, 2017
Unpublished
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RHONDA LARSON, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Shoulder Injury;
* Special Processing Unit (SPU)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
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Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION 1
Dorsey, Chief Special Master:
On August 11, 2016, Rhonda Larson (“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 alleged that she suffered left
shoulder injuries caused by the influenza (“flu”) vaccination she received on September
21, 2015. Petition at 1; see also Stipulation, filed June 26, 2017, at ¶¶ 1-2, 4. Petitioner
further alleged that she received the flu vaccine in the United States, that she suffered
the effects of her injuries for more than six months, and that neither she nor any other
party has filed a civil action or received compensation for her injuries. Petition at ¶¶ 2,
12-14; see also Stipulation at ¶¶ 3-5. Respondent denies that the flu vaccine caused
petitioner’s alleged left shoulder pain, or any other injury, and further denies that her
current disabilities are 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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.
2National 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).
Nevertheless, on June 26, 2017, 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 lump sum of $70,000.00 in the form of a check payable to petitioner,
Rhonda Larson. 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.
2