# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1184V UNPUBLISHED
JO ANN PUSICH-SILAS, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: July 7, 2022 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Leigh Finfer, Muller Brazil, LLP,Dresher, PA, for Petitioner. Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 

### On September 11, 2020, Jo Ann Pusich-Silas 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 a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to her on October 2, 2018. Petition at 1; Stipulation, filed on July 5, 2022, ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged shoulder injury, [or] any other injury; and denies that her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6.

1 Because this unpublished Decision contains a reasonedexplanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 

### Nevertheless, on July 5, 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 $44,000.00 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JO ANN PUSICH-SILAS, Petitioner, V. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ) ) ) ) ) No.20-1184V ) Chief Special Master Corcoran ) ECF ) ) )
STIPULATION The parties hereby stipulate to the following matters: 1. Jo Ann Pusich-Silas ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lOto 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedlyrelated to petitioner's receipt ofthe seasonal influenza ("flu'') vaccination, which is a vaccine contained in the Vaccine Injucy Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitionerreceived a flu vaccine in her left arm on October 2, 2018. 3. The vaccine was 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 following administration ofthe flu vaccine, or in the alternative, that her alleged shoulder injury was caused-in-fact by the vaccine. She further alleges that she experienced the residual effects ofthis condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement ofa civil action for damages as a result ofher condition.6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine causedpetitioner's alleged shoulder injury, any other injury; and denies that her current condition is a sequelae 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 judgmentreflecting a decision consistent with the terms ofthis Stipulation, and after petitionerhas 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

### $44,000.00, in the form ofa checkpayable to petitioner. This amount represents compensation for all damages that would be availableunder42 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 compensationpursuant 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 uponthis petition. 10. Petitioner and her attorney represent that they have identified to respondent all known sources ofpayment for items or services for which the Program is not primarily liable under42 U.S.C. § 300aa-15(g), including State compensationprograms, insurance policies, Federal or State health benefits programs (other than Title XIX ofthe Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.

2

### 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-l 5(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 attorneys' fees and litigation costs and past unreimbursable 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), andsubjectto the conditions of42 U.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 behalfofher heirs, executors, administrators, successors or assigns, does forever irrevocably andunconditionally release, acquit and discharge the United States and the Secretary ofHealth and Human Services from any and all actions or causes of action (including agreements,judgments, claims, damages, loss ofservices, expenses and all demands ofwhatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court ofFederal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 

### 300aa-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 ofpetitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about October 2, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about September 11, 2020 in the United States Court ofFederal Claims as petition No. 20-ll 84V. 14. Ifpetitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalfofeither orboth ofthe parties.

315. Ifthe special master fails to issue a decision in complete conformity with the terms ofthis Stipulation or ifthe Court ofFederal Claims fails to enter judgment 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 underthe 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 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 ofthe parties' respective positions as to liability and/or amount ofdamages, and further, that a change in the nature ofthe injury or condition or in the items ofcompensation sought, is not grounds to modify orrevise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary ofHealth and Human Servicesthat the flu vaccine caused petitioner's alleged shoulder injury, any other injury, or her current condition. 18. All rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.


### I I I I 

### I I I I I I I END OF STIPULATION

4Respectfully submitted. PETITIONER:

ATI OR NEY OF RECORD FOR PE I I I IONl::R.

# ~~F~ Muller Brazil, LI.P 715 Twin mg Road, Suite 208 Dresher. PA 19025 (2 15) 885- I 655 leigh@mullerbrazil.com



### Al JTI IOR IZED REPRESENT 

### ATl VE 

### OF TIIE SITRETARY Of IILALTII AND HUMAN SERVICES: Digitally signed by George

. R. Grimes -S 14 George R. Gnmes -514 Date: 2022.06.21 13:52:38 04'00' CDR GEORGE REl::O GRIMES, MD, MPI I Director. Division of Injury

Compensation Programs Health Systems Bureau Health Resource~ and Services

Administration U.S. Department of Health

And Human Services 5600 Fishers Lane, 08N 1468 Rockville. MD 20857
Dated : AUTHORIZED REPRESENTATIVE OF THL Al IOl<Nl:-.Y Gl:·.NI-RAI. ·

# ~ 

# ~\if?c?(.''~v--__ HF.ATHER L. PEARLMAN Deputy Director Torts Branch Ci\ ii Division U.S. Department ofJustice P.O. Box 146 Benjamin Franklin Station Washington. DC 20044-0146
A"ITORNEY OF RECORD FOR RESPO DENT:

Trial Attorney Torts Branch Ci, 

### ii Di" ision l J

.S
. Department of .lustice P

.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 (202) 616-4840 matthcw
.murphy(~Jusdqj.gov