Coglaiti 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. 17-257V
    Filed: February 13, 2018
    UNPUBLISHED
    CHRISTINE COGLAITI,
    Special Processing Unit (SPU); Joint
    Petitioner,                          Stipulation on Damages; Influenza
    v.                                                       (Flu) Vaccine; Shoulder Injury
    Related to Vaccine Administration
    SECRETARY OF HEALTH AND                                  (SIRVA)
    HUMAN SERVICES,
    Respondent.
    John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
    Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION ON JOINT STIPULATION1
    Dorsey, Chief Special Master:
    On February 23, 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”) following an influenza (“flu”) vaccination she received on
    October 15, 2015. Petition at 1; Stipulation, filed February 9, 2018, at ¶ 1. Petitioner
    further alleges that the vaccine was administered within the United States, that she
    suffered the residual effects of this injury for more than six months, and that there has
    been no prior award or settlement of a civil action for damages on her behalf as a result
    of her alleged vaccine injury. Petition at 6-7; Stipulation at ¶¶ 3-5. “Respondent denies
    that the flu vaccination caused petitioner’s alleged SIRVA or any other injury or her
    current condition.” 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    Because this unpublished decision contains a reasoned explanation for the action in this case, the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 February 9, 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 $60,878.59 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: 17-257

Judges: Nora Beth Dorsey

Filed Date: 5/4/2018

Precedential Status: Non-Precedential

Modified Date: 4/17/2021