# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0997V UNPUBLISHED MAUREEN FAGAN , Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: September 21, 2021 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Howard Scott Gold, Gold Law Firm, LLC, W ellesley Hills, MA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 

### On July 12, 2019, Maureen Fagan 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 right shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on November 7, 2017. Petition at 1; Stipulation, filed September 21, 2021, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of this injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her condition. Petition at 1-3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a Table SIRVA within the timeframe set forth in the Table; and denies that the flu immunization caused or significantly aggravated petitioner’s alleged shoulder injury and/or any other injury.” Stipulation at ¶ 6.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I amrequired to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 

### Nevertheless, on September 21, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $70,000.00 in the form of a check payable to Petitioner

. Stipulation at ¶ 8. This amount representscompensation for all items of damages that would be available under Section 15(a). Id

. I approve 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/Brian H. Corcoran Brian H. Corcoran 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.

### THE UNITED STA TES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS


### MAUREEN FAGAN, Petitioner, V
. 

### SECRETARY OF HEALTH AND HUMAN 

### SERVICES.Respondent. No. 19-997V ChiefSpecial Master Brian H. Corcoran ECF



### STIPULATION The parties hereby stipulate to the following matters: 1
. Maureen Fagan ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the "Vaccine Program")
. The petition seeks compensation for injuries allegedly related to petitioner's receipt ofan influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table''), 42 C.F.R. § 100.3 (a). 2. Petitioner received a flu vaccine on or about November 7, 2017, in her right ann. 3. The vaccine was administered within the United States
. 4
. Petitioner alleges that she sustained a right-sided shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that her alleged shoulder injury was caused by the vaccine. She further alleges that she experienced residual effects of this injury for more than six months. 5
. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result ofher condition.6. Respondent denies that petitioner sustained a Table SIRVA within the timeframe set forth in the Table; and denies that the flu immunization caused or significantly aggravated petitioner's alleged shoulder injury and/or any other injury. 7
. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 ofthis Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms ofthis Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. 

### § 300aa-21(a)(l), the Secretary ofHealth and Human Services will issue the following vaccine compensation payment: A lump sum of

### $70,000.00 in the form ofa check payable to petitioner. This amount represents all compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) for injuries allegedly related to petitioner's receipt ofthe flu vaccine. 9
. As soon as practicable atler the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. 

### § 300aa-2l(a)(l), and an application, the patties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I0
. Petitioner and her attorney represent that they have identified to respondent all known sources ofpayment for items or services for which the Program is not primarily liable under 42 U.S.C
. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XJX ofthe Social Secmity Act (42 U.S.C. 

### § t 396 et seq.)), or entities that provide health services on a pre-paid basis.11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- I5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and lit igation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit ofpetitioner as contemplated by a strict construction of42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of42 U.S.C. § 300aa- I5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on behalfofher heirs, executors, administrators, successors and/or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary ofHealth and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands ofwhatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court ofFederal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown. suspected or unsuspected persona l injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about November 7, 2017, as alleged by petitioner in a petition for vaccine compensation filed on
or about July 12, 2019, in the United States Court ofFederal Claims as petition No. 19-997V. 14. Ifpetitioner should die prior to entry of j udgment, this agreement shall be voidable upon proper notice to the Court on behalf ofeither or both of the parties.15. Ifthe special master fails to issue a decision in complete conformity with the tenns ofthis Stipulation or ifthe Court ofFederal Claims fails to enterjudgment in conformity with a decision that is in complete conformity with the terms ofthis Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion ofeither party. 16. This Stipulation expresses a full and complete negotiated settlement ofliability and damages claimed W1der the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part ofthe parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise ofthe parties' respective positions as to liability and/or amount ofdamages, and further, that a change in the nature ofthe injury or condition or in the items ofcompensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary ofHealth and Human Services that the flu vaccine caused petitioner's alleged shoulder injmy and/or any other injury. 18. All rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators
. . successors, and/or assigns.


### I I I I 

### I I I I 

### I I 

### I END OF STIPULATION

### Respectfully submitted, PETITIONER: 

# n ; ,/~ ff}

MAUREEN FAGAN

ATTORNEY OF RECORD FOR PETITIONER:



### HOWARDS. GOLD GOLD LAW FIRM , LLC 83 Walnut Street, Ste. 150 

### Wellesley Hills, MA 0248 1 (78 l) 239-1000 

### hgold@i.rnldlawfirm.net

AUTHORIZED REPRESE~TATIVE OF THE SECRETARY OF HEALTH AND HUMAI\ SERVICES: 

# Da/4 ~I 

# Dr/Se,,/#~

TAMARA OVERBY Acting Director, Division ofInjury

Compensation Programs Healthcare Systems Bureau Health Resources and Services



### Administration U
.S. Department ofHealth

and 

### Human Se.rvices 5600 Fi shers Lane, 08N 1468 Rockville, 

### MD 20857

Dated: 

### Q'l/-z,1

# /zn-1 AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL:

## ~ 

# '1-9e~ HEATHER L. PEARLMAN Deputy Director To1ts Branch C ivil Division U.S. Department ofJustice P.O. Box 146 Benjamin 

### Franklin 

### Station Washington, DC 20044-0146
ATTORNEY OF RECORD FOR RESPONDENT: 

# Py= ~~L\/~ RYAND. PYLES Senior Trial Attorney Tort~ 8ra ni:-h Civil Divi sion U.S
. 

### Depa11ment of

### Justice P.O. Box 146 

### Benjamin Franklin Station Washingt on, DC 20044-0146 (202) 

### 616-9847 1yan
.pyles (a),usdoi.gov