# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

No. 18 - 1344 V UNPUBLISHED
ANDREA DEPOALA NACE ,

Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran Filed: December 5, 2019 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA , for petitioner. Julia Marter Collison , U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION 1 On August 31, 2018 , Andrea DePoala Nace 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 le ft shoulder injur ies re lated to vaccine a dministration ( “ SIRVA ” ) resul ting from a n influenz a ( “ flu ” ) vaccination she received on November 21, 201 6 . Petition at 1 ; Stipulation , filed December 4, 2019 , at ¶ ¶ 2 - 4

. Petitioner further alleges that the vaccine was a dministered in the Unite d States, she experienced the residual effects of her in jury for more than six months, and that ther e has been no prior award or settlement of a civil action for damages as a result of her alleged con dition . Petit ion at 1, 4 ; Stipulation at ¶¶ 3 - 5

. “ Respondent denies that petitioner susta ined a SIRVA Table injury, and denies that the flu vaccine caused petitioner ’ s alleged SIRVA or any other inj ury or her current con dition. ” 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E
Government 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 t he 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 identif ied 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

Nevertheless, o n December 4, 2019 , 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 term s stated in the attached Stipulation , I award the following compensation: A lump sum of $ 50,000.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under § 15 (a). Id

. I approve the requested amount for P etitioner’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
ANDREA DEPOALA NACE, Petitioner,
V. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. No. 18-1344V Chief Special Master Corcoran ECF



### STIPULATION The parties hereby stipulate to the following matters : l. Andrea DePoa l a Nace ("pet i t i oner ") filed a petition 

### for vaccine compensation under t he Na t ional Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 t o 34 (the "Vaccine Program " )
. The petition seeks compensation for an injury allegedly related to petit i oner's receipt of an influenza ( "flu'') vaccine, which is contained in the Vaccine Injury Table (the "Table " ), 42 C.F
. R. § 100
. 3(a)
. 2. Pet i tioner received the flu v accine on November 21, 2016. 3. The vaccine was adminis t ered in the United States. 4
. Petitioner alleges that as a r esult of receiving the flu vaccine, she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA"), and 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 as a result of her alleged condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury , and denies that
I ofS

### the flu vaccine caused petitioner's alleged SIRVA or a n y other injury or her current condition. 7. Maintaining their above-sta t ed 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 dec i sion consistent with the tenns 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 $50,000.00 in the fonn 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 i n 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 applicatio!l, 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 represen t that they have identified to respondent all known sources o f payment for items or services for which the Program is not primarily l i able under 42 U.S.C. § 300aa-15(g), including 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 entities that provide health services on a pre-paid basis
. 1 1
. Payment made pursuant to paragraph 8 of this St i pulation , and any . amount awarded pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 

### 300aa

- 15(i) , subject to the availability of sufficient statutory funds
. 2 of5 ·12. The parties and thei r 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-15(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 paragraph 8, and any amount awarded pursuant to paragraph 9, petitioner, in her ind i vidual 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, j udgments, 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 bro ught in the Court of Federal Claims, under the Nat io nal Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 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 vaccine administered on November 21, 2016, as alleged in a Petition filed on August 31, 2018, in the United State s Court 

# of Federal Claims as petition No. 18-1344V. 14
. If petitioner should die prior to entry of judgment, th is 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
o f this Stipulation or 

### if the United States Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the t~rms 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 f~ll and complete negotiated settlement of liability and 3 of 5

### 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 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 SIRVA,
or any other injury. 18. All rights and obligations of.petitioner shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns
. 

### END OF STIPULATION

4 ofSR.especd\dly submitted.


### Pl!.' rJTIONER :

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