In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-874V

UNPUBLISHED

SUSAN GREENBERG-FOLKMAN,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: May 9, 2022

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu); Tetanus-Diphtheria-Acellular 

Pertussis (Tdap); Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On July 17, 2020, Susan Greenberg-Folkman filed a petition for compensation 

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

2

(the “Vaccine Act”). On October 31, 2018, Petitioner received both influenza (“flu”) and 

tetanus-diphtheria-acellular pertussis (“Tdap”) vaccines, which are both contained in the 

Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she 

sustained a shoulder injury related to vaccine administration (“SIRVA”), within the 

applicable time period set forth in the Table, or in the alternative, that her alleged shoulder 

injury was caused by the vaccine(s). Petitioner further alleges that she experienced the 

residual effects of this injury for more than six months. 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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

Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the 

vaccines caused Petitioner’s alleged shoulder injury, or any other injury; and denies that

her current condition is a sequelae of a vaccine-related injury.

Nevertheless, on May 6, 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 $15,000.00 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 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.
Case 1:20-vv-00874-UNJ Document 28 Filed 05/06/22 Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

SUSAN GREENBERG-FOLKMAN, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

No. 20-874V 

Chief Special Master Corcoran 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. 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 the influenza and Tdap vaccine, 

both vaccines are contained in the Vaccine Injury Table (the ''Table"), 42 C.F.R. § 100.3(a). 

2 Petitioner received both influenza and Tdap vaccines on October 31, 2018. 

3. The vaccines were 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. Petitioner further alleges that she 

experienced the residual effects of this condition 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 of her condition. 

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

vaccines caused petitioner's alleged shoulder injury, or any other injury, denies that her current 
Case 1:20-vv-00874-UNJ Document 28 Filed 05/06/22 Page 2 of 5

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 lwnp sum of$15,000.00 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. 

10. 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. 

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 

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Case 1:20-vv-00874-UNJ Document 28 Filed 05/06/22 Page 3 of 5

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-15(a) and (d), and subject to the conditions of 42U.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 Injmy 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 influenza and Tdap vaccinations administered on October 31, 2018, as 

alleged by petitioner in a petition for vaccine compensation filed on or about July 17, 2020, in the 

United States Court of Federal Claims as petition No. 20-874V. 

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 Qaims 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 Injmy Act of 1986, as amended, except as 

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Case 1:20-vv-00874-UNJ Document 28 Filed 05/06/22 Page 4 of 5

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 disability, or that petitioner suffered an injury contained in the vaccine 

table. 

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 

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Case 1:20-vv-00874-UNJ Document 28 Filed 05/06/22 Page 5 of 5

Respectfully submitted, 

PETITIONER: 

ATTORNEYOFRECORDFOR 

PETITIONER: 

AUTHORIZED REPRESENTATIVE 

OFTHESECRETARYOFHEALTH 

AND HUMAN SERVICES: 

George R. Grimes- DlgltallyslgnedbyGeorgeR. 

Grlmes -S14 

S 14 Date: 2022.04.20 12:34:1 s -04'00' 

CDR GEORGE REED GRIMES, MD, MPH 

Director, Division of lnjwy 

Compensation Programs 

Healthcare Systems Bureau 

Health Resources and Services 

Administration 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane, 08N146B 

Rockville, MD 20857 

Dated t;jJ f 2 0 ),).. 7 

5 

AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

'i&i~~p~ ~ 

Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 305-0730 

Tyler.King@usdoj.gov