In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-1219V

UNPUBLISHED

BARBARA KING VAN OSDOL,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

Respondent.

Chief Special Master Corcoran 

Filed: December 6, 2019

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Kathy Ann Lee, Cline, Farrell, et al., Indianapolis, IN, for Petitioner. 

Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION ON JOINT STIPULATION1

On August 15, 2018, Barbara King Van Osdol 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 from subacromial bursitis, 

tendinosis, and impingement syndrome from the influenza vaccine she received. 

Petition at 1; Stipulation, filed December 6, 2019, at ¶ 4. Petitioner further alleges she 

received the influenza vaccination in the United States, that she suffered the residual 

effects of her injuries for more than six months, and that neither she nor any other 

person has filed a civil action or received compensation for her injuries. Petition at ¶¶ 1, 

6-7; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner’s alleged shoulder injuries

were caused by her influenza vaccination, and further denies that the vaccine caused

Petitioner’s alleged residual effects, or any other injury. Stipulation at ¶ 6.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 ruling 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

Nevertheless, on December 6, 2019, 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 $50,570.64 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 § 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 the 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

__________________________________________ 

) 

BARBARA KING VAN OSDOL, )

)

Petitioner, )

) No. 18-1219V (ECF)

v. ) Chief Special Master Corcoran 

) 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, )

)

Respondent. ) 

__________________________________________) 

STIPULATION

The parties hereby stipulate to the following matters:

1. Barbara King Van Osdol (“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 sustained following 

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 September 2, 2015.

3. The vaccine was administered within the United States.

4. Petitioner alleges that she suffered shoulder injuries, including subacromial

tendinosis, adhesive capsulitis and impingement syndrome, as a result of her flu 

vaccination. Petitioner further alleges that she experienced the residual effects of her injuries 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 her condition. 
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A lump sum of $50,570.64 in the form of a check payable to petitioner, 

Barbara King Van Osdol, which 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-21(a)(1), 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 her 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 

under 42 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 

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.

6. Respondent denies that petitioner’s alleged shoulder injuries were caused by her

flu vaccination, and further denies that the vaccine caused petitioner’s alleged residual effects, or

any other 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)(1), the Secretary of Health and Human 

Services will issue the following vaccine compensation payment: 
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 attorneys’ fees and litigation costs, 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 her

individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, 

does forever irrevocably and unconditionally release, acquit and discharge the Secretary of 

Health and Human Services and the United States of America 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 vaccine administered on 

September 2, 2015, as alleged by petitioner in a petition for vaccine compensation filed on or 

about August 15, 2018, in the United States Court of Federal Claims as petition No. 18-1219V.

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

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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 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 of

America or the Secretary of Health and Human Services that petitioner’s alleged shoulder 

injuries and residual effects, or any other injury, were caused by the flu vaccine.

18. All rights and obligations of petitioner hereunder shall apply equally to

petitioner’s heirs, successors and/or assigns. 

END OF STIPULATION

4 
Respectfully submitted, 

PETITIONER: 

,....\ I ,. 

1 ( ' \ ' t . . I 

:.:t~ l...>-J\Js_;ul\. U . {"-._-·- \,A. ~L l_.,J (~'k--f-' 

BARBARA KING v AN osrloL 

ATTORNEY OF RECORD FOR 

PETITIONER: 

~A-~ 

Cline Farrell Christie & Lee, P.C. 

951 North Delaware Street 

Indianapolis, IN 46202 

(317) 488-5500 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

TAMARA OVERBY 

Acting Director, Division of Injury 

Compensation Programs (DICP) 

Healthcare Systems Bureau 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane 

Parklawn Building, Mail Stop 08N 146B 

Rockville, MD 20857 

Dated: l z_, / ~ [ 1 9 

5 

AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

RINE E. REEVES 

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: 

Senior Trial A ey 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

(202) 616-4136