CORRECTED 

# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-720V UNPUBLISHED HERBERT DEGAN, III , Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: September 9, 2022 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1 On June 15, 2020, Herbert Degan, III 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 he suffered a shoulder injury related to vaccine administration (SIRVA), resulting from an influenza (flu) vaccination he received on October 31, 2018. Petition at 1; Stipulation, filed at September 8, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, his symptoms lasted for more than six months, and neither he, nor any other party, has ever filed any action or received any compensation in the form of award or settlement for Petitioner’s vaccine-related injuries. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that the vaccine caused a Table injury for SIRVA, caused [P]etitioner’s alleged shoulder injury or any other injury, and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). Case 1:20-vv-00720-UNJ Document 33 Filed 09/09/22 Page 1 of 22 Nevertheless, on September 8, 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 $45,000.00 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-00720-UNJ Document 33 Filed 09/09/22 Page 2 of 2

### IN 

### THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
HERBERT DEGAN, ~ 

### Petitioner,
V. 

### SECRETARY O F HEALTH AND HUMAN SERVICES, Respondent. ) ) ) ) ) ) ) ) ) ) ) No
. 20-720V ChiefSpecial Master Corcoran 

### ECF



## STIPULATION The parties hereby stipulate to the following matters: 1. Herbert Degan, Ill (
.. 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 ofan 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 31, 2018
. 3
. The vaccine was administered within theUnited Stat.es
. 4. Petitioneralleges that be sustained a shoulder injury related to 

### vaccine administration ("SIRVA") from the flu vaccine
. He further alleges that he experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there bas been no prior award or settlement ofa civil action for damages on his behalfas a result ofhis alleged injury.
16. Respondent denies that the vaccine caused a Table injury for SIRVA, caused petitioner's alleged shoulder injwy or any other injury, and denies that petitioner's current condition is a sequeta ofa 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 ofthis Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms ofthis Stipulation, and afterpetitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary ofHealth and Human Services will issue the following vaccine compensation payment: A lump sum of

### $45,000.00 in the form ofa checkpayable 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 judgmenton 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 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 his attorney represent that compensation to be provided pursuant to this Stipulation is notfor 

### any items orservices for which the 

### Program is not primarily liable under42 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

2State health benefits programs (other than Title XIX ofthe 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 ofthis Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability ofsufficient 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 U1ll"Cimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit ofpetitioner as contemplated by a strict construction of42 U.S.C
. § 300aa-15(a) and (d), and subject to the conditions of42 U.S.C. § 300aa- l S(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalfofhis heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary ofHealth and Human Services from 

### any and all actions or causes ofaction (including agreements,judgments, claims, damages, loss ofservices, expenses and all demands ofwhatever kind or nature) that have beenbrought, could have been brought, orcould be timely brought in the Court ofFederal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C
. § JOOaa-10 et seq., on account ot: or in any way growing out of, 

### any and all known orunknown, suspected orunsuspected personal injuries to or death ofpetitioner resulting from, oralleged to have resulted from, the flu vaccination admini~tered on October 31, 2018, as identified in a petition for vaccine compensation filed on orabout June 15, 2020, in the United States Court ofFederal Claims as petition No
. 20-720.
314
. Ifpetitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalfofeither orboth ofthe parties. 15. Ifthe special master fails to issue a decision in complete conformity with the terms ofthis Stipulation orifthe Court ofFederal Claims fail~ to enterjudgment in conformity with a decision that is in complete conformity with the terms ofthis Stipulation. then the parties• settlement and this Stipulation shall be voidable at the sole discretion ofeither 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 ofthe parties hereto to make any payment or to do any act orthing other than is herein expressly stated and clearly agreed to. The parties further agree and understand thatthe award described in this Stipulation may reflect a compromise ofthe parties• respective positions as to liability and/or amount of

### damages, 

### and further, that a change in the nature ofthe injury or condition or in the items ofcompensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States orthe Secretary ofHealth and Human Services that the flu vaccine caused petitioner's alleged shoulder injury or any other injury or his current disabilities, orthat petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. 

### END OF STIPULATION

4~ · 

# I Respectfully submitted, PETITIONER:

L

- ~ A TfORNEY OF RECORD FOR I PETITIONER:

M~J

. MULLER Muller Brazil 715 Twining Road, Suite 208

....**~** Drescher, PA 19025 (215) 885-1655 max@mulJerbraziJ.com

· 4' .



## . ..,

• "- AUTHORIZED REPRESENTATIVE OFTIIESECRETARYOFHEALTH AND HUMAN SERVICES: 

### George R. Grimes OlglbUyslgnedbyGeorgea. Gllmes•S14 

### -S 14 o.te: 2022.DS.09 11:Js:00~w CDR GEORGE REED GRIMES, MD, MPH Director, Division ofInjury

Compensation Programs Health Systems Bureau HcaJth Resources and Services

Administration U.S. De~ment ofHealth

and Humans Services 5600 Fishers Lane, 08N1468 Rockville, MD 20857

Dated:

_ ~/

_ 8/

_

J..J_ AUTHORIZED REPRESENTATIVE OF THE A TIORNEY GENERAL:

# ~~~ HEATHER L. PEARLMAN Deputy 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:

# ~ Tn ttomey Torts Branch Civil Division U. S. Department of Justice P.O. Box 146 Benjamin Franklin Station
. Washington, DC 20044-0146 (202) 616-4264 meghan.r.mwphy@usdoj.gov