The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1087V
Filed: December 13, 2018
UNPUBLISHED
LILY WELLS,
Petitioner,
v. Special Processing Unit (SPU); Joint
Stipulation on Damages; Hepatitis B
SECRETARY OF HEALTH AND (Hep B) Vaccine; Shoulder Injury
HUMAN SERVICES, Related to Vaccine Administration
(SIRVA)
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION 1
Dorsey, Chief Special Master:
On August 10, 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 shoulder injury related to vaccine
administration (“SIRVA”) after administration of the Hepatitis B (“Hep. B”) vaccine into
her right deltoid on May 6, 2016. Petition at 1; Stipulation, filed December 13, 2018, at
¶¶ 1-4. Petitioner further alleges that the vaccine was administered in the United
States, that her injury has lasted for more than six months, and that she has not filed a
civil action or received compensation in the form of an award or civil settlement for her
vaccine-related injury. Petition at 1, 6; Stipulation at ¶¶ 3-5. “Respondent denies that
the Hep. B vaccine caused petitioner’s alleged SIRVA or any other injury and further
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 Because this unpublished decision contains a reasoned explanation for the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).
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).
denies that her current disabilities are a sequela of a vaccine-related injury.” Stipulation
at ¶ 6.
Nevertheless, on December 13, 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 $58,492.54 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.
2