In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-1344V

UNPUBLISHED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 STIPULATION1

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.,

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(the “Vaccine Act”). Petitioner alleges that she suffered left shoulder injuries 

related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccination 

she received on November 21, 2016. Petition at 1; Stipulation, filed December 4, 2019,

at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United 

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

that there has been no prior award or settlement of a civil action for damages as a result 

of her alleged condition. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that 

petitioner sustained a SIRVA Table injury, and denies that the flu vaccine caused 

petitioner’s alleged SIRVA or any other injury or her current condition. ” 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 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 terms 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 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 

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 DePoala Nace ("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 an injury allegedly related to 

petitioner'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. Petitioner received the flu vaccine on November 21, 2016. 

3. The vaccine was administered in the United States. 

4. Petitioner alleges that as a result 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 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 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 in 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 represent that they have identified to respondent all 

known sources of payment for items or services for which the Program is not primarily liable 

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. 

11. Payment made pursuant to paragraph 8 of this Stipulation, 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. 

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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-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 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-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 States Court of Federal Claims as petition No. 18-1344V. 

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 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 

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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 ofS 
R.especd\dly submitted. 

Pl!.'rJTIONER: 

ANDREA 

~~~DEPOALA NACE ~ 

ATTORNEY OP RECORD FOR 

P. ONER: 

AV'l'HOJUZft;D REPRESENTATIVE 

OF TH£ SECRETARY OF HF.AL TH 

AND HUMAN SERVTCRS: 

W&id·;_~,w,.,u~.n,, #t,, 

TAMARA OVERBY 

Acting lJircctor, Di\llsion of 

Injury ComperisaHoJ'I Progro.tn:. 

Htnlthcarc: System~ nuccau 

U.S. Department of I lealth 

nnd I tuman Sen•lces 

5600 l•ishel's Lane 

Patklawn HuildinQ, Mail Stop 08-Nl46R 

Rockvlllc1 MD 20857 

Dated: 1c9( L-f /J 1 

I 

AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GF.NF.RAL: 

~ f_}-----

R[NJ:::.l::., REF.YES 

t>eputy Director 

Tort~ Branch 

Civll DiYi!lon 

U.S. Department or.rustice 

P.O. f3ox 146 

Beajamin f rankfin Stal ion 

\Vashin&ton. DC 20044-0146 

ATTORi"'EY OF RECORD FOR 

RESPONDENT: 

dd~~ "r:iXM". COLLISON 

Trial AlCorney 

Torts Branch 

Civil Oi\li~io1> 

U.S. Department of Justice 

V.O. Hox 146 

Henjamin Franklin Station 

Wallhiniton, DC 20044-0146 

(202) 305-0I02