In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

Filed: January 31, 2020

* * * * * * * * * * * * * * * 

MARGARET MITCHELL * No. 18-892V

also known as MARGARET L. *

CHAPMAN-MITCHELL, *

* 

Petitioner, * Special Master Sanders

*

v. *

 *

SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)

AND HUMAN SERVICES, * Vaccine; Shoulder injury Related to

 * Vaccination (“SIRVA”)

 Respondent. *

* * * * * * * * * * * * * * *

Kathleen M. Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.

Darryl R. Wishard, United States Department of Justice, Washington, DC, for Respondent.

DECISION1

On June 22, 2018, Margaret Mitchell (“Petitioner”) filed a petition for compensation

pursuant to the National Vaccine Injury Compensation Program.242 U.S.C. §§ 300aa-10 to -34

(2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine she received on

December 8, 2016, caused her to suffer a shoulder injury related to vaccine administration 

(“SIRVA”). See Stip. at 1, ECF No. 35; Pet. at 1. Petitioner further alleged that she experienced 

the residual effects of her injury for more than six months. Stip. at 1.

On January 29, 2020, the parties filed a stipulation in which they state that a decision should

be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu vaccine

caused Petitioner’s alleged SIRVA, or any other injury. Id. at 1. Nevertheless, the parties agree 

to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt 

it as the decision of the Court in awarding damages, on the terms set forth therein.

 

1 This decision shall be posted 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 Decision will be available to anyone with access to 

the Internet. In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete 

medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the 

rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree

that the identified material fits within the requirements of that provision, such material will be deleted from 

public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99–660, 100 Stat. 3755. 
2

The parties stipulate that Petitioner shall receive the following compensation:

A lump sum of $25,000.00 in the form of a check payable to [P]etitioner. This 

amount represents compensation for all damages, including pain and 

suffering, lost earnings, and past unreimbursable expenses that would be 

available under 42 U.S.C. § 300aa-15(a).

Id.

I approve the requested amount for Petitioner’s compensation. Accordingly, an award

should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of

Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.

3

IT IS SO ORDERED. 

s/Herbrina D. Sanders 

Herbrina D. Sanders 

Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of a notice 

renouncing the right to seek review. 
1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________

)

MARGARET MITCHELL )

also known as MARGARET L. ) 

CHAPMAN-MITCHELL, )

)

 Petitioner, ) No. 18-892V ECF

) 

 v. ) Special Master Sanders

 )

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, )

)

 Respondent. )

___________________________________ )

STIPULATION

The parties hereby stipulate to the following matters:

1. Petitioner Margaret Mitchell (“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 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 her flu immunization on December 8, 2016.

3. The vaccine was administered within the United States.

4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration 

(“SIRVA”) within the time period set forth in the Table, that her alleged shoulder condition is 

actually caused by the vaccine, and further alleges that she experienced the residual effects of her

injury for more than six months.

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5. Petitioner represents that there has been no prior award or settlement of a civil action 

for damages as a result of her condition.

6. Respondent denies that petitioner sustained a SIRVA Table injury and denies that 

petitioner’s alleged SIRVA and its residual effects were caused-in-fact by her flu vaccine. 

Respondent further denies that the flu vaccine caused petitioner any other injury or her current 

condition. 

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:

A lump sum of $25,000.00 in the form of a check payable to 

petitioner. This amount represents compensation for all damages, 

including pain and suffering, lost earnings, and past unreimbursable 

expenses 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 they have identified to respondent all 

known sources of payment for items or services for which the Program is not primarily liable 

under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, 

Case 1:18-vv-00892-UNJ Document 38 Filed 01/29/20 Page 2 of 5
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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. 

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 her

individual capacity, and on behalf of 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 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 December 8, 2016, as 

alleged by petitioner in her petition for vaccine compensation filed on June 22, 2018, in the 

United States Court of Federal Claims as petition No. 18-892V.

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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.

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 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 or the 

Secretary of Health and Human Services that the flu vaccination caused petitioner to suffer a 

shoulder injury or any other injury. 

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

heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

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Case 1:18-vv-00892-UNJ Document 38 Filed 01/29/20 Page 4 of 5
Respectfully submitted, 

PETITIONER: 

~ 

ATTORNEY OF RECORD FOR 

PETITIONER: 

KATHLE~ 

Lommen Abdo, P.A. 

I 000 International Centre 

920 Second A venue South 

Minneapolis, MN 55402 

(612) 339-8131 

AUTHORIZED REPRESENT ATIVF, 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

TAMARA OVERBY 

Acting Director, Division of 

Injury Compensation Programs 

Healthcare Systems Bureau 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane 

Parklawn Building, Mail Stop 08-N 146B 

Rockville, MD 20857 

Dated: 

5 

AUTHORIZED REPRESENTATIVE 

0 THE ATTORNEY GENERAL: 

. ARlNE E. REEVES 

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: 

~ DARRYL R. WISHARD 

Senior Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

(202) 616-4357 

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