# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0484V UNPUBLISHED DONALD FLANAGAN, personal representative of ESTATE OF VIRGINIA FLANAGAN, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.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 J OINT STIPULATION 1 On April 22, 2020, Virg inia 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. Flanaga n’s injuries lasted lo nger than six months. Petition at 3; Stipulation at ¶ 4. Res pondent “denies that Mrs. Flanagan sustained a SIRVA Table injury; and denies that the flu vaccine causedMrs. Flanagan’s alleged shoulder injury, any other injury, or her subsequentdeath.” Stipulati on 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 availa ble 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 with in this definition, I will redact such material from public access.
2National 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 inthe attached Stipulation, I awardthe following compensation: A lump sum of $28,000.00, inthe form of a check payable to Petitioner as legal representative of the estate of Virginia Flanagan . Stipulation at ¶ 8. This amount represents compensatio n 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 pursuantto RCFC Appendix B, the Clerkof 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

3Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DONALD R. FLANAGAN, personal representative ofthe estate of VIRGINIA FLANAGAN, Petitioner,
v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ) ) ) ) ) ) ) No. 20-484V ) ChiefSpecial 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 ofher estate, was substituted as petitioner herein. The petition seeks compensation for injuries allegedly related to Mrs. Flanagan's receipt ofthe 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.ofthe flu vaccine. He 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 ofMrs. 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 ofthis Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms ofthis Stipulation. and after petitioner 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$28,000.00 in the fonn ofa check payable to petitioner as legal representative ofthe estate ofVirginia 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

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### 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 

### 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-l S(i), subject to the availability of sufficient statutory funds. 12. 

### Petitioner represents that he presently is, or within 90 days 

### ofthe date of judgment will become, duly authorized to serve as the legal representative ofMrs. Flanagan's estate 

### under the laws ofthe State ofKansas. 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. 

### Ifpetitioner is not authorized by a court of competentjurisdiction to serve as legal representative ofthe estate 

### ofMrs. 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 ofcompetentjurisdiction to serve as legal representative ofthe estate ofMrs. 

### Flanagan upon submission ofwritten 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 ofMrs. 

### Flanagan's estate, 

### on his own behalf: and on behalfofthe estate ofMrs. Flanagan, and her 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 of action (including agreements. judgments, claims, damages, loss of services, expenses and all

3demands 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 ofMrs. 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 ofFederal Claims as petition No. 20-484V. 14. Ifthe special master fails to issue a decision in complete conformity with the terms ofthis Stipulation or ifthe Court ofFederal Claims fails to enterjudgment in conformity with a decision that is in complete conformity with the tenns ofthis Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion ofeither 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 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 items ofcompensation 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 ofHealth and Human Services that Mrs. Flanagan sustained a SIRVA Table injury; or that the flu vaccine caused any other injury or her death.

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17. All rights 

### and obligations ofpetitioner hereunder in 

### bis capacity

. as·personal

. .·:· representative ofMrs. 

### Flanagan's estate, 

### shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION

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5Respectfully 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: 

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6 AUTHORIZED REPRESENTATIVE OF THE A lTORNEY GENERAL: 

# ,Jdl~.e ~ HEATHER L. PEARLMAN Deputy Director Torts Branch Civil Division U.S. Department ofJustice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146
ATTORNEY OF RECORD FOR RESPONDENT:

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# ~¢-e~LreC>...AJV---. LARA A. ENGLUND Assistant Director Torts Branch Civil Division U.S. Department ofJustice P.O. Box 146 Benjamin Franklin Station Washington. DC 20044-0146 (202) 307-3013 lara.a.englund~usdoj.gov