In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0292V

UNPUBLISHED

SHARI HARTLEY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: August 10, 2022

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

Petitioner.

Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On March 16, 2020, Shari Hartley 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 left shoulder injury related to vaccine 

administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on October 

2, 2018. Petition at 1; Stipulation, filed August 10, 2022, at ¶¶ 2-4. Petitioner further 

alleges the vaccine was received in the United States, her pain has lasted longer than six 

months, and neither Petitioner nor any other party has ever received compensation in the 

form of an award or settlement for her vaccine-related injury. Petition at ¶¶ 1, 11-12;

Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA injury within 

the Table time period, and further denies that the flu vaccine caused petitioner to suffer a 

left shoulder injury 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 

required 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 August 10, 2022, 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 $101,255.72 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 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 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

* * * * * * * * >I< * * * * * * * * >I< >I< >I< >I< >I< >I< * * * * * >I< 

SHARI HARTLEY, 

Petitioner, 

V. 

SECRET ARY OF HEALTH 

AND HUMAN SERVICES, 

* 

>I< 

* 

* 

* 

>I< 

>I< 

>I< 

>I< 

>I< 

Respondent. * 

* >I< >I< * * * * * * * * * * >I< * * * * * >I< >I< >I< * * * * * * >I< 

STIPULATION 

No. 20-292V (ECF) 

CHIEF SPECIAL MASTER 

BRIAN H. CORCORAN 

The parties hereby stipulate to the following matters: 

l . Shari Hartley, petitioner, filed a petition for vaccine compensation under the National 

Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine Program"). 

The petition seeks compensation for injuries allegedly related to petitioner's receipt of an 

influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table''), 

42 C. F.R. § 100.3 (a). 

2. Petitioner received the flu vaccine on October 2, 2018. 

3. The vaccination was administered within the United States. 

4. Petitioner alleges that she suffered from a left shoulder injury related to vaccination 

administration ("SlRV A") as a result of receiving the flu vaccine, and suffered the residual 

effects of this alleged injury for more than six months. 

5. Petitioner represents that there has been no prior award or settlement of a civil action 

for damages on her behalf as a result of her condition. 

6. Respondent denies that petitioner sustained a SlRYA injmy within the Table time 
period, and further denies that the tlu vaccine caused petitioner to suffer a left shoulder injmy or 

any other injury or her current condition. 

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 of this Stipulation. 

8. As soon as practicable after an entry of judgment reflecting a decision consistent with 

the ter1J1 s of this Stipulation, and after petitioner has filed an election to receive compensation 

pursuant to 42 U.S.C. § 300aa-2 I (a)( I), the Secretary of Health and I luman Services will issue 

the following vaccine compensation payment: 

A lump sum of$ IO 1,255.72 in the form of a check payable to petitioner. This 

amount represents compensation for all damages that would be available under 42 

U.S.C. § 300aa-l 5(a). 

9. As soon as practicable after the entry of judgment on entitlement in this case, and after 

petitioner has fi led both a proper and timely election to receive compensation pursuant to 

42 U.S.C. § 300aa-2 l(a)(l), and an application, the parties will submit to further proceedings 

before the special master to award reasonable attorneys' fees and costs incurred in proceeding 

upon this petition. 

I 0. Petitioner and her attorney represent that compensation to be provided pursuant to 

this Stipulation is not for any items or services for which the Program is not primarily liable 

under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be 

expected to be made under any State compensation programs, insurance policies, Federal or 

State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. 

§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 

2 
l 1. Payment made pursuant to paragraph 8 of this Stipulation an<l any amounts awarded 

pursuant to paragraph 9 of this Stipulation wil l be made in accordance with 42 U.S.C. § 300aa15(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 litigation costs, and past unreimbursed expenses, the money provided 

pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a 

strict construction of 42 U.S.C. § 300aa- I 5(a) and (d), and subject to the conditions of 42 U.S.C. 

§ 300aa-15(g) and (h). 

13. ln return for the payments described in paragraphs 8 and 9, petitioner, in her 

individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, 

docs forever irrevocably and unconditionally release, acquit and discharge the United States and 

the Secretary of Health and l luman Services from any and all actions or causes of action 

(including agreements, judgments, claims, damages, loss of services, expenses and all demands 

of whatever kind or nature) that have been brought, could have been brought, or could be timely 

brought in the Court of Federal Claims, under the National Vaccine Injury Compensation 

Program, 42 U.S.C. § 300aa-l Oct seq., on account of, or in any way growing out of, any and al l 

known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting 

from, or alleged to have resulted from, the t1u vaccination administered on October 2, 20 18, as 

alleged by petitioner in a petition fo r vaccine compensation fil ed on or about March 16, 2020, in 

the United States Court of Federal Claims as petition No. 20-292V. 

14. IJ petitioner should die prior to entry of judgment, this agreement shall be voidable 

upon proper notice to the Court on behalf of either or both of the parties. 

3 
15. If the special master fails to issue a decision in complete conformity with the terms 

of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a 

decision that is in complete conformity with the terms of this Stipulation, then the parties' 

settlement and this Stipulation shall be voidable at the sole discretion of either party. 

16. This Stipulation expresses a full and complete negotiated settlement of liability and 

damages claimed under the National Childhood Vaccine Jnjury Act of 1986, as amended, except 

as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the 

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 of the parties' respective positions as to liability and/or 

amount of damages, and further, that a change in the nature of the injury or condition or in the 

items of compensation 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 of Health and I Juman Services that the flu vaccine caused petitioner to have a left 

shoulder injury, or any other injury or her current condition. 

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's 

heirs, executors, administrators, successors, and/or assigns. 

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END OF STIPULATION 

4 
Respcctrully ~ub111ittcd. 

Pln'ITIONER: 

AT'l'OH~EY OF RECORD FOR 

PETITIO~ER: 

~a::. 

C ·ounscl lor Petitioner 

Law Offices of Leah V. Durant, Pl LC 

17l7 K Street NW, Suite 900 

Washington, D.C. 2000(l 

ldurnnt(!L durantll u:orn 

AlJTflORIZED REPRESE~TATIVE 

OF TIIF. SI::CRETARY OF II EALTII 

AND HU:vtAN SERV lCES: 

George R. Grimes -

514 

Dl<11t,1l1y i.1grwd hy t,,,.mJt' R 

Grlnw, ~It. 

11,,to lUJJ07 J l 1/ :) I} 0<00 

C'DR GEORC,E Rl:FD {iRIMJ:S, MD. MPII 

Dirc1,;hH, Division ur lnjury 

Compcnsat ion Programs 

l kalth Systems Hurcau 

I lcalth Resources and Sen ice" 

AJminislration 

U.S. Department of I I cal th and 

11 umnn Services 

5600 Fishers Lane, OX 1 ·1(,13 

Rockvi lle, :vm 20X57 

Dated: 

5 

AUTIIORIZEI> Rl<:PRESENTATl \'E 

OF T HE ATTOR'.\fEY GENERAL: 

I k:p11ly l)ircclor 

Tons llr:im:h, Civil Division 

U.S. Department or .Justice 

f'.O Box 14(1 

lknjamin l·rnnkltn Station 

\Vnsll ing.1011 , [)(' ~0044-0146 

ATTORNEY OF RECORl> FOR 

HESPO~ DENT: 

T1 ial /\ttomcy 

i'P11s Brandi. Civil Division 

U.S. lkpait111cnt ot'Ju~licL' 

f' 0 . Box 14/i 

lknjainin Franklin Station 

Washington. I)(' 2004•1-0 I ti() 

202-61 (1-•k1:'ih 

I '.m;iil: l)hairya.Janifc1. usdoJ .gnv