In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1778V

UNPUBLISHED

BRIDGET KLING,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 8, 2020

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On November 13, 2017, Bridget Kling 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 left shoulder adhesive capsulitis with 

mild impingement casually related to an adverse reaction from the influenza vaccination 

she received on November 29, 2016. Petition at ¶¶ 1, 9-10; Stipulation, filed Jan. 6, 

2020, at ¶¶ 1-2, 4. Petitioner further alleges she received the vaccination in the United 

States, that she suffered the residual effects of her injury for more than six months, and 

that neither she nor any other party has brought an action or received compensation for 

her injuries alleged as vaccine caused. Petition at ¶¶ 1, 11, 14-15; Stipulation at ¶¶ 3-5. 

“Respondent denies that petitioner sustained a SIRVA Table injury; denies that the 

vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that 

her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 ruling 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

Nevertheless, on January 6, 2020, 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 $60,000.00 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 § 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

BRIDGET KLING, 

Petitioner, 

v. 

SECRETARY OF HEALTII AND 

HUMAN SERVICES, 

Respondent. 

No. 17-1778V 

Chief Special Master Corcoran 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Bridget Kling ("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 

of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the 

"Table"), 42 C.F .R. § l 00.3(a) 

2. Petitioner received a flu vaccine on November 29, 2016. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that she sustained a 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 the residual 

effects of this condition for more than six months. 

I 
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 alleged injury. 

6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the 

vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her 

current condition is a sequelae of a vaccine-related 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 of this Stipulation. 

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

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

pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue 

the following vaccine compensation payment: 

A lump sum of $60,000.00 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-15(a). 

9. As soon as practicable after 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-21(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. 

1 O. 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 

2 
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. 

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-15(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 attorney's fees and litigation costs, and past unreimbursable 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-15(a) and (d), and subject to the conditions of 42 U.S.C. 

§ 300aa-15(g) and (h). 

13. In 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, 

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

the Secretary of Health and Human 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-10 et seq., on account of, or in any way growing out of, any and all 

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

from, or alleged to have resulted from, the flu vaccination administered on November 29, 2016, 

as alleged in a petition for vaccine compensation filed on or about November 13, 2017, in the 

3 
United States Court of Federal Claims as petition No. l 7-l 778V. 

14. If 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. 

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 ofliability and 

damages claimed under 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 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 Human Services that the flu vaccine caused petitioner's alleged injury or 

any other injury or her current disabilities, or that petitioner suffered an injury contained in the 

Vaccine Injury Table. 

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

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

END OF STIPULATION 

4 
Respectfully submitted, 

PETITIONER: 

ATTORNEY OF RECORD FOR 

iil~ 

Maglio Christopher & Toale, P.A. 

701 5th Avenue, Ste. 3505 

Seattle, WA 98104 

(888) 952-5242 

AUTHORIZED REPRESENTATIVE 

OFTHESECRETARYOFHEALTH 

AND HUMAN SERVICES: 

WaAd St1~ ~1.-

TAMARA OVERBY 

Acting Director, Division oflnjury 

Compensation Programs 

Healthcare Systems Bureau 

U.S. Department of Health and 

Human Services 

5600 Fishers Lane 

Parklawn Building, Mail Stop 08N 146B 

Rockville, MD 20857 

5 

AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

RINE E. REEVES 

Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

(202) 305-1586