In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1586V

Filed: June 6, 2019

UNPUBLISHED

ANGELINA GRUJIC,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On November 30, 2016, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

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(the 

“Vaccine Act”). Petitioner alleges she received an influenza (“flu”) vaccine on October 

25, 2014, and thereafter suffered from a left shoulder injury that was caused-in-fact by 

the flu vaccine. Petition at 1; Stipulation, filed June 4, 2019, at ¶¶ 1, 3-4. Petitioner 

further alleges that she suffered residual effects of the alleged injury for more than six

months. Petition at 12; Stipulation at ¶¶ 4. “[R]espondent denies that the flu vaccine 

caused any other injury, including CRPS or brachia! neuritis.” Stipulation at ¶ 6. 

Nevertheless, on June 4, 2019, the parties filed the attached joint stipulation, 

stating that a decision should be entered awarding compensation. The undersigned 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision 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, the 

undersigned agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is 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).

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).
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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 $114,656.15 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. 

The undersigned approves 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/Nora Beth Dorsey

Nora Beth Dorsey

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 

ANGELINA GRUJJC, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

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No. 16-1586V 

Chief Special Master Dorsey 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Angelina Grujic, 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 the flu vaccine on October 25, 2014. 

3. The vaccination was administered within the United States. 

4. Petitioner alleges that she suffered from a left shoulder injury as a result ofreceiving 

the flu vaccine, and that she suffered residual effects of the alleged injury for more than six 

months. 

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

for damages on her behalf as a result of her condition. 

6. Petitioner sustained a shoulder injury as a result of the flu vaccine, but respondent 
denies tliat the flu vaccine caused any other injury, including CRPS or brachia! neuritis. 

7. Maintaining their above-stated P.Ositions, 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 tenns of this Stipulation, and after petitioner has filed an election to receive compensation 

pursuant to 42 U.S.C. § 300aa-21 (a)(l), the Secretary of Health and Human Services will issue 

the following vaccine compensation payment: 

A lump sum of$114,656. 15 in the form of a check payable to petitioner. This 

amount represents compensation for all remaining damages that would be 

available under 42 U.S.C. § 300aa-l 5(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. 

I 0. 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-l5(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.)), er by entities that provide health services on a pre-paid basis. 

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11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded 

pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.~.§ 300aa15(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 unreimbursed 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 dtmands 

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 a~ount 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 25, 2014, as 

alleged by petitioner in a petition for vaccine compensation filed on or about November 30, 

20 I 6, in the United States Court of Federal Claims as petition No. 16-l 586V. 

14. If petitioner shouid 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. 

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15. If the special master fails to issue a decision in complete conformity with the tenns 

of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a 

decision that is in complete confonnity 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 vaccine caused petitioner's alleged CRPS or 

brachia} neuritis. 

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

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

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END OF STIPULATION 

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Respectfully submitted1 

PET,ITIONER:~· . Q(L,,:, . ' 

~LIN~Git~ •c 

ATTORNEY-OF RECORD FOR 

PETITIONER: 

£,,,,# e. ~ ~ ,i/.e,,,d1⁄4/4,q;h MEREDfrH DANlEL /<J(.Q 83./tr)~) 1J 

Conway Homer, P.C. 

J 6 Shawmut S.treet 

Boston, MA 02116 

AUTHORIZED REPRESENTATIVE 

OFT~ SECRETARY OF HEALTH 

ANi> l;I.UMAN ~ERVICES: , . 

wtvtct s9~-#-1, _ NARA YAN 1-IAIR, MP . Director, Division of I:n3ury 

Compensation Programs 

Healthcare Systems. Bureau 

U.S. Dep_artmenrof Health 

ahd Human Setvlces 

5600 Fishers Lane · 

Piuklawn Bui)ding, Mail·~top 08NI%B 

Rockv.illej MD 20S57 

Dated; b/ L-f /1 4 

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AUTirORIZED UEPRESENTATIVE 

O.F . . ATTORNEY GENERAL!: 

~&-- :, 

C TI-Wt E E.JffiEVES 

Dep . 1r.ector . 

Torts .Branch, Civil bivision 

U.S. ti·~partment of Justice 

P.O. Box .146 

Benjamin FraJlklin Statlori. 

WashingtonJ ·DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

T1ial Attorney, . 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

WashingL1m, DC 20044-0146 

Tel: (202)616-36<$.5