# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

No. 18 - 1219 V UNPUBLISHED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 P etitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for R espondent.

DE CISION ON JO INT STIPULATION 1 On August 15, 2018 , Ba rbara Kin g Va n Osdol filed a petition for co mpensation und er the National Vaccine Injury Compensation Program, 42 U.S .C. §300aa- 10, et seq. , 2 ( the “Vaccine Act” ). Petitioner alleges that she suffer ed from subacromial bursitis, tendinosis, and imping ement syndrome from t he influenza vaccine she received

. Petition at 1 ; Stipulation, file d December 6, 2 019, at ¶ 4. Petitione r further alleges she received t he influenza vaccination in the United States, th at she suffered the residual eff ects o f her injuries for m ore than six m onth s, and that nei ther 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 P etitioner’s alleged shoulder injuries were caused by her in flu en za vaccination, and further denies that the vaccine caused P etitioner’s alle ged residual effec ts, or any o ther 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E

Government 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 t he 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 identif ied 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

Nevertheless, o n 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 term s 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 P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under § 15 (a). Id

. I approve the requested amount for P etitioner’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. B arbara 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 injurie s allegedly sustained following petitio ner ’s re ceipt 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 s he suffered shoulder injuries, including subacromial tendinosis, adhesive capsulitis and impingement syndrome, as a result of her flu
vaccination

. Petitioner further alleges that s he 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.2 A l ump 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 so on 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 furth er 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 be nefits 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 de nies t hat petitioner’s a lleged shoulder injuries w ere c aused by her
flu va ccination, a nd f

urther de nies t hat

t he vaccine caus ed petitioner’s alleged residual e ffects, or

a ny ot her i njury.
7. Maint aining t heir above-stated positions, the pa rties ne vertheless now a gree t hat
the i ssues be tween them shall be s ettled and that a de cision should be e ntered awarding t he compensation described in paragraph 8 of t his S tipulation.
8. As s oon as pr act icable a fter a n entry o f j udgment r eflecting a de cision consistent
with the te r ms of

thi s S ti pulation, a nd a fterp etitioner ha s f iled an e lection to r e ceive compensation pursuant t o 42 U.S.C. § 300aa-21(a)(1), the S ecretary of H ealth and Human
Services w ill issue the f

ollowing va ccine c ompensation payment:11. Payment m ade pur suant t o paragraph 8 a nd any a mounts a warded pursuant t o

paragraph 9 of t his Stipulation will be m ade i n accordance with 42 U.S.C. § 300aa-15(i), subject
to the a vailability of s ufficient s tatutory funds.
12. The parties and t heir at torneys f

urther a g r ee and s tipulate that, ex cept f or an y award for a ttorneys’ f

ees and litig ation costs, the money pr ovided pursuant t o this S tipulation
will be us ed sole ly f

or th e be nefit of

p etitioner , as contemplated by a s trict construction of 42 U.S.C. § 300aa-15(a) a nd ( d), and subject t o the c onditions of 42 U.S.C. § 300aa-15(g) a nd (h).
13. I n return for t he pa yments de scribed in paragraphs 8 and 9, petitioner, in her
individual c apacity, a nd on behalf of h er heirs , executors, administrators, successors o r a ssigns,
does f orever i rrevocably and unconditionally r elease, acquit a nd discharge t he S ecretary of
Health and H uman S ervices and t he United S tates of A m erica from an y and al l act ions o r caus es of a ction (including a greements, judgments, claims, damages, loss of s ervices, expenses a nd all
demands of w hatever ki nd or na ture) t hat ha ve b een brought , could have be en brought, or c ould
be t imely br ought i n the Court of F ederal C laims, under t he N ational V accine Injury Compensation Program , 42 U.S.C. § 300aa-10 et seq., on account of , or i n any way growing out of, any a nd all know n or unknown, suspected or u nsuspected personal i njuries t o, or de ath of, petitioner resulting from, or a llege d to have r esulted from, the f lu vaccine administered on September 2, 2015, as a lleged by pe titioner i n a p etition for va ccine compensation filed on or about August 15, 2018, i n the U nited States C ourt of F ederal C la ims a s pe t ition No. 18-1219V

. 14. If petitioner should die pr i or t o entry o f j udgment, this a greement s hall be voidable upon proper not ice t o the C ourt on behalf of e ither or bot h of t he p arties.
15. If the s pecial masterf ails to is sue a de c ision in c o mplete c onformity w ith the

t erms of t his S tipulati on, or i f t he C our t of F ederal C laims f ails to e nterjudg me nt in c onformity

3/ / / / / / / / / / / / / with a de c ision tha t is in c omplete c onformity w ith the te rms of thi s S tipulation, the n the pa r ties’
settlement a nd this S tipulation shall be voi dable a t t he s ole di scretion of e ither pa rty. 16. Thi s S tipulation e xpresses a f ull and c omplete n egotiated s e ttlement of lia bility

a nd damages claimed under t he N ational V accine Injury Act of 1986, as a m ended, ex cept as
ot herwise not ed in paragraph 9 above. There i s a bsolutely no agreement on t he pa rt of the parties he reto to make a ny payment or t o do any a ct or t hing ot her t han is he rein expressly s tated and clearly agreed to. The pa rties f urther a gree a nd understand that t he a ward described in this Stipulation ma y r eflect a compromise of the pa r ties’ r espective pos itions a s to lia bi lity a nd/ or
amount of da mages , a nd further, that a change i n the na ture o f t he i njury or condition or i n the
items of c ompensation sought, is not gr ounds t o modify or revise t his a greement. 17. This S tipulation shall no t be construe d as a n admission by t he U nited States of
America or

t he Secretary of

H eal th an d Human Services t hat pe titioner ’s al leged shoulder injuries and residual e ffects, or a ny ot her i njury , w ere caused by the flu vaccine.
18. All r ights a nd obligations of pe titioner he reunder s hall a pply equally t o petitioner’s he irs, successors a nd/or a ssigns.
END OF S TIPULATION

4Respectfully submitted, PETITIONER: ,....\ I ,. 

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ATTORNEY OF RECORD FOR PETITIONER: 

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Cline Farrell Christie & Lee, P

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. 951 North Delaware S treet Indianapolis, IN 46202 (317) 488- 55 00

AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES:

TAMARA OVERBY Acting Director, Division of Injury Compensation Programs ( DI C P) Healthcare Systems Bureau U.S. Department of Health and Human Services 5600 Fishers Lan e Parklawn Building, Mail Stop 08N 146B Rockville, MD 20857

Dated : 

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5 AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL:

RINE E

. REEVES
Tort s Branch , Civil Division U.S. Department of Justice P .O. Box 146 Benjamin Franklin Station Wa sh ington, DC 20044-0146

ATTORNEY OF RECORD FOR RESPONDENT:

Senior Trial A ey Torts Branch C i

vil Division U

. S. Department of Just ice P.O

. Box 146 B e njamin Franklin Station Washington, DC 20044-0146 (202) 616-4136