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UNPUBLISHED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 STIPULATION1

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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 2
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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 OF HEAL TH AND 

HUMAN SERVICES, 

Respondent. 

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No. 20-720V 

Chief Special 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 

of an 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 the United Stat.es. 

4. Petitioner alleges 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 of a civil action 

for damages on his behalf as a result of his alleged injury. 

1 
6. 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 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 lump sum of $45,000.00 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-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 not for any items or services 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 

2 
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 

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 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 S(g) and (h). 

13. In return for the payments described in paragraphs 8 and 9, petitioner, in his 

individual capacity, and on behalf of his 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. § JOOaa-10 et seq., on account ot: 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 admini~tered on October 31, 2018, as 

identified in a petition for vaccine compensation filed on or about June 15, 2020, in the United 

States Court of Federal Claims as petition No. 20-720. 

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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 Claims fail~ 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 or the 

Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder 

injury or any other injury or his current disabilities, or that petitioner suffered an injury contained 

in the Vaccine Injury Table. 

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 
~· 

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 of Injury 

Compensation Programs 

Health Systems Bureau 

HcaJth Resources and Services 

Administration 

U.S. De~ment of Health 

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: 

Civil 

Torts 

Tn 

Division 

Branch 

ttomey ~ U. S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station . 

Washington, DC 20044-0146 

(202) 616-4264 

meghan.r.mwphy@usdoj.gov