In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1283V

UNPUBLISHED

MELISSA PAPINEAU,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 13, 2020

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for 

petitioner.

Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On August 23, 2018, Melissa Papineau 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”) after receiving the seasonal influenza vaccination on October 

22, 2017. Petition at 1, ¶¶ 2, 14; Stipulation, filed Mar. 13, 2020, at ¶¶ 1-2.4. Petitioner 

further alleges that she received the vaccination in the United States, continues to suffer 

the residual effects of her injury more than six months after vaccination, and that neither 

she nor any other individual has filed a civil action or received compensation for her 

injury, alleged as vaccine caused. Petition at ¶¶ 2, 12-13; Stipulation at ¶¶ 3-5. 

“Respondent denies that the flu vaccine caused petitioner to sustain a SIRVA Table 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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

300aa (2012).
2

injury, and further denies that the vaccine caused a shoulder injury or any other injury or 

her current condition.” Stipulation at ¶ 6. 

Nevertheless, on March 13, 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 $97,440.19 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 ST ATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

MELISSA PAPINEAU, 

Petitioner, 

V. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent. 

) 

) 

) 

) 

) No. 18-1283V 

) Chief Special Master Corcoran 

) ECF 

) 

) 

) 

) 

___ ___ ___ ________ ) 

STIPULATION 

The parties hereby stipulate to the following matters: 

l . Melissa Papineau, petitioner, filed a petition for vaccine compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine 

Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt 

of the 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 October 22, 2017. 

3. The vaccination was administered within the United States. 

4. Petitioner alleges that she suffered from Shoulder Injury Related to Vaccine 

Administration (SIRVA) as a result of receiving the flu vaccine, and that she experienced the 

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 on her behalf as a result of her condition. 

6. Respondent denies that the flu vaccine caused petitioner to sustain a SIRVA Table 
injury, and further denies that the vaccine caused a shoulder injury 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 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 $97,440.19 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 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. 

10. Petitioner and her attorney represent 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-l 5(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 
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded 

pursuant to paragraph 9 of this Stipulation will 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 unreimbursable expenses, the money provided 

pursuant to this Stipulation will be used solely for petitioner's benefit as contemplated by a strict 

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

300aa-l 5(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 uncondition,ally 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. § 300 aa-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 October 22, 2017, as 

alleged by petitioner in a petition for vaccine compensation filed on or about August 23, 2018, in 

the United States Court of Federal Claims as petition No. 18-1283V. 

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. 

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 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 of 

America or the Secretary of Health and Human Services that the flu vaccine caused petitioner's 

alleged 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. 

END OF STIPULATION 

4 
Respectfully submitted. 

PETITIONER: 

~~11 _._ 

MELISSA PAPiilfff 

ATTORNEY or RECORD FOR . 

PETITIONER: 

~!~h CA '-'--"'-n ... ,• E.REEVES 

Black McLaren Jones Ryland & Oritl'ee Deputy Director 

A Professional Corporation Torts Branch 

530 Oak Court Drive Civil Division 

Memphis, TN 38117 U.S. Department of Justice 

Tel: (901) 762-053S P.O. Box 146 . 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

TAMARA OVERBY 

Acting Director, Division of Injury 

Compensation Programs 

Healthcare Systems Bureau 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane 

Park.lawn Building, Mail Stop 1 l C-26 

Rockville, MD 20857 

Dated: Ma,~ 13 , ')O~ 

5 

Benjamin Franklin Station 

Washington, DC 20044~0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

~C'.~ 

~~Trial Attorney ~~ Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washi~ DC 20044-0146 

Tel: {202) 616-3667