In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 20-0484V 

UNPUBLISHED 

DONALD FLANAGAN, personal 

representative of ESTATE OF 

VIRGINIA FLANAGAN, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: April 26, 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. 

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION ON JOINT STIPULATION1

 On April 22, 2020, Virginia Flanagan (“Mrs. Flanagan”) filed a petition for 

compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 

§300aa-10, et seq.2 (the “Vaccine Act”). Upon her death, her husband Donald Flanagan 

(“Petitioner”), as personal representative of her estate, was substituted as petitioner 

herein. The petition alleges that Mrs. Flanagan suffered a left shoulder injury related to 

vaccine administration (“SIRVA”) as a result of receipt of an influenza (“flu”) vaccine on 

September 10, 2018. Petition at 1; Stipulation, filed at April 26, 2022, ¶¶ 2-4. The petition 

further alleges that Mrs. Flanagan’s injuries lasted longer than six months. Petition at 3; 

Stipulation at ¶ 4. Respondent “denies that Mrs. Flanagan sustained a SIRVA Table 

injury; and denies that the flu vaccine caused Mrs. Flanagan’s alleged shoulder injury, 

any other injury, or her subsequent death.” 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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). 
2

Nevertheless, on April 26, 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 $28,000.00, in the form of a check payable to Petitioner as 

legal representative of the estate of Virginia Flanagan. 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 

DONALD R. FLANAGAN, 

personal representative of the estate of 

VIRGINIA FLANAGAN, 

Petitioner, 

v. 

SECRETARY OF 

HEAL TH AND HUMAN SERVICES, 

Respondent. 

) 

) 

) 

) 

) 

) 

) No. 20-484V 

) Chief Special Master Brian Corcoran 

) 

) 

) 

) 

STIPULATION 

The parties hereby stipulate to the following matters: 

I. Virginia Flanagan ("Mrs. Flanagan'') filed a petition for vaccine compensation under 

the National Vaccine 11\iury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine 

Program''). Upon her death, her husband Donald R. Flanagan ("petitioner"), as personal 

representative of her estate, was substituted as petitioner herein. The petition seeks 

compensation for injuries allegedly related to Mrs. Flanagan's receipt of the influenza ("flu") 

vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 

(a). 

2. Mrs. Flanagan received a flu vaccine on or about September 10, 2018. 1 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that Mrs. Flanagan sustained a shoulder injury related to vaccine 

administration ("SIRVA") within the time period set forth in the Table following administration 

1 Mrs. Flanagan also received a pneumococcal polysaccharide vaccine on the same day. 

Pneumococcal polysaccharide vaccines are not contained in the Table. 
of the flu vaccine. He further.alleges that she experienced the residual effects of this condition 

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 Mrs. Flanagan's condition or her death. 

6. Respondent denies that Mrs. Flanagan sustained a SIRVA Table injury; and denies 

that the flu vaccine caused Mrs. Flanagan's alleged shoulder injury, any other injury, or her 

subsequent death. 

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 $28,000.00 in the fonn of a check payable to petitioner as legal 

representative of the estate of Virginia Flanagan. 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 represents that compensation to be provided pursuant to 

this Stipulation is not for any items or services for which the Program is not primarily liable 

2 
under 42 U.S.C. § 300aa-1S(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 

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-l S(i), subject 

to the availability of sufficient statutory funds. 

12. Petitioner represents that he presently is, or within 90 days of the date of judgment 

will become, duly authorized to serve as the legal representative of Mrs. Flanagan's estate under 

the laws of the State of Kansas. No payments pursuant to this Stipulation shall be made until 

petitioner provides the Secretary with documentation establishing petitioner's appointment as 

legal representative of Mrs. Flanagan's estate. If petitioner is not authorized by a court of 

competent jurisdiction to serve as legal representative of the estate of Mrs. Flanagan at the time a 

payment pursuant to this Stipulation is to be made, any such payment shall .be paid to the party or 

parties appointed by a court of competent jurisdiction to serve as legal representative of the 

estate of Mrs. Flanagan upon submission of written documentation of such appointment to the 

Secretary. 

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

individual capacity and as personal representative of Mrs. Flanagan's estate, on his own behalf: 

and on behalf of the estate of Mrs. Flanagan, and 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 

3 
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-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 of Mrs. 

Flanagan resulting from, or alleged to have resulted from, the vaccinations administered on 

September 10, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or 

about April 22, 2020, in the United States Court of Federal Claims as petition No. 20-484V. 

14. 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 fails to enter judgment in conformity with a 

decision that is in complete conformity with the tenns of this Stipulation, then the parties' 

settlement and this Stipulation shall be voidable at the sole discretion of either party. 

15. This Stipulation expresses a full and complete negotiated settlement of liability and 

damages claimed under the National Childhood Vaccine htjury 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 items of compensation sought, is not 

grounds to modify or revise this agreement. 

16. This Stipulation shall not be construed as an admission by the United States or the 

Secretary of Health and Human Services that Mrs. Flanagan sustained a SIRVA Table injury; or 

that the flu vaccine caused any other injury or her death. 

4 
. -

17. All rights and obligations of petitioner hereunder in bis capacity.as·personal . .· :· 

representative of Mrs. Flanagan's estate, shall apply equally to petitioner's heirs, executors, 

administrators, successors, and/or assigns. 

END OF STIPULATION .. 

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. : . 

~ : .. 

,. 

• , : _-. . ·-·· 

• . i•. 

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Respectfully submitted, 

PETITIONER: 

ATTORNEY OF RECORD FOR 

PETITIONER: 

~ M ULLER BRAZIL, LLP 

715 Twining Road. Suite 208 

Dresher, PA 19025 

(215) 885-1655 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

George R. 

Grimes -S14 

Digitally signed by George R. 

Grlmes-S14 

Date: 2022.04.06 18:10:03 

.04·00· 

CDR GEORGE REED GRIMES. MD, MPH 

Director. Division of 

Injury Compensation Programs 

Health Systems Bureau 

Health Resources and Services 

Administration 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane. 08N 1468 

Rockville, MD 20857 

Dated: 0'1 /u,/tot-L 

6 

AUTHORIZED REPRESENTATIVE 

OF THE A lTORNEY GENERAL: 

,Jdl~.e~ 

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: 

~ Cl \l\- VV'c;v-1~ 

~¢-e~LreC>...AJV---. 

LARA A. ENGLUND 

Assistant Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington. DC 20044-0146 

(202) 307-3013 

lara.a.englund~usdoj.gov