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


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  •          In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 17-660V
    Filed: September 25, 2018
    UNPUBLISHED
    AMY LYNN LABELLE,
    Special Processing Unit (SPU); Joint
    Petitioner,                          Stipulation on Damages; Tetanus
    v.                                                       Diphtheria acellular Pertussis (Tdap)
    Vaccine; Shoulder Injury Related to
    SECRETARY OF HEALTH AND                                  Vaccine Administration (SIRVA)
    HUMAN SERVICES,
    Respondent.
    Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner.
    Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION ON JOINT STIPULATION1
    Dorsey, Chief Special Master:
    On May 19, 2017, 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 related to vaccine
    administration (“SIRVA”) as a result of a Tetanus-diphtheria-acellular pertussis (“Tdap”)
    vaccination on April 15, 2015. Petition at 1; Stipulation, filed September 21, 2018, at ¶
    1. Petitioner further alleges that the vaccine was administered within the United States,
    that she experienced residual effects of her injury for more than six months, and that
    there has been no prior award or settlement of a civil action for damages as a result of
    her condition. Petition at 5-6; Stipulation at ¶¶ 3-5. “Respondent denies that the Tdap
    immunization is the cause of petitioner’s alleged SIRAV and/or any other 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    Because this unpublished decision contains a reasoned explanation for the action in this case, the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.
    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).
    Nevertheless, on September 21, 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 lump sum of $70,000.00 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 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
    

Document Info

Docket Number: 17-660

Judges: Nora Beth Dorsey

Filed Date: 10/29/2018

Precedential Status: Non-Precedential

Modified Date: 10/30/2018