# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-578V Filed: June 2, 2017 UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * SUSAN GRANEY, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccination; * Shoulder Pain; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Richard Kalinowski, Maglio Christoph er and Toale, PA, Washington, DC, for petitioner. Lara Ann Englund, U.S. D epartment of Justice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1 Dorsey , Chief Special Master: On May 13, 2016, petitioner filed a petit ion 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 le ft shoulder pain as a result of her October 17, 2014 influenza (“flu”) vaccine. Petition at 1-4; Stipulation, filed June 1, 2017, at ¶¶ 2, 4. Petitioner further alleges that she received her vaccination in the United States, and that she suffered the sequela of her injury for more than six m onths. Stipulation at ¶¶ 3-4; Petition at ¶¶ 3, 13. Petitioner additionally represents th at there has been no previous award received, or settlement of a civil action for damages on her behalf as a result of her injury. Stipul ation at ¶ 5; Petition at ¶ 18. “Respondent denies that the flu vaccine is the cause of petitioner’s alleged shoulder pain or any other injury or her current condition.” Sti pulation at ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 Nevertheless, on June 1, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compens ation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $37,500.00 in the form of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e under 42 U.S.C. § 300aa-15(a). Id

. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendi x B, the clerk of the court is directed to enter judgm ent in accordance with this decision. 3

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment c an 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 SUSAN GRANEY, ) ) Petitioner, ) ) v. ) No. 16-578V ) Chief Special Master Nora Beth Dorsey SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) )

STIPULATION The parties hereby stipulate to the following matters:

1. P etitioner Susan Graney (“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 the 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 or about October 17, 2014.

3. The vaccine w as administered within the United States. 4. Petitioner allege s th at the flu vaccine caused her to develop left shoulder pain and that

she experienced residual effects of th ese injur ies 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 h er condition. 6. Respondent denies that the flu vaccine is the cause of petitioner’s alleged shoulder pain or any other injury or h er current condition

.2 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 pr acticable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner ha s filed an election to receive compensation pursuant to 42 U.S.C. § 300aa- 21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $37,500.00 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 prac ticable 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-21(a)(1), and an application, the parties will submit to further proceed ings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition.

10. Petitioner and h er attorney represent that they have identified to respondent all known sources of payment for items or services f or which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including 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 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.3 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 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-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in h er individual capacity, and on behalf of h er heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acq uit 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. § 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 petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 17, 2014, as alleged by petitioner in a petition for vaccine compensation filed on or about May 13 , 2016, in the United States Court of Federal Claims as petition No. 16-578 V.

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 fails 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.4 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 ag reed 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 cau sed petitioner’s alleged shoulder injury or any other injury or h er current condition.

18 . All right s and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns

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