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

No. 16 - 1586 V Filed: June 6, 2019 UNPUBLISHED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 STIPULATION 1 

### Dorsey , Chief Special Master: On November 30, 2016 , p etitioner 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 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 . Petit ion 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, o n June 4, 2019 , the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned

1 The un dersigned 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 Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website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 subpara graph of 42 U.S.C. § 300aa (2012 ).2



### 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 term s stated in the attached Stipulation , the undersigned award s 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 wo uld 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 H

UMA N SERVIC ES, Respondent. ) ) ) ) ) ) ) ) ) ) ) No
. 16-1586V Chief Specia l Master D orsey ECF

S TIPULATION Th e p artie s hereby s t i pulate to the following m atters: 1. Angelina Grujic, p etitioner , file d a pe tition for vaccine compensation under t h e Nationa l Vaccine In jury Compensation Program, 42 U.S
. C. §§ 3 00 aa- 10 to -34 (the "Vaccine Program "). The petition seeks compensation for injuries a ll egedly r elated to pet iti on er 's receipt

. of an infl uenza (" flu ") vaccine, which vaccine i s contained in the Vaccine In jury Table ( th e

" Table''), 42 C
. F : R
. § 10 0.3 (a). 2. P etitioner received th e flu vacci n e on Octob er 25 , 2014. 3
. The vac c ination was admin is tered wi thin th e Uni te d State s. 4. Petitioner alleges that she suffered from a left shou lde r injury as a resu lt ofreceiving the flu vacc in e, and that she s uffered residual effects of the alleg ed injury for more than six months. 5. Peli tioner r epresents that there has been no prior award or se ttlement of a civil action for dam ages on her behalf as a r esult of her condition. 6. P etitioner sus tain ed a sh oul der injury as a result of the flu vacc ine, but respo nd entdenies tliat the flu vacci ne caused any other in jury , including CRPS or brachia! neuritis. 7. Mainta ining th ei r above-stat ed P.Ositions, the part ies neverthe l ess now agree that the i ssu es between th em sha ll be settled and that a decision s hould be entered awardi ng the
co mpensation d esc rib ed in paragraph 8 of this Stipulation. 8. As soon as prac t icable after an entry of judgment reflecting a decision consistent with the tenn s of this Stipulat ion , and after petitione r has filed an election to receive compensation purs uant to 42 U.S.C. § 300aa-21 (a)(l) , the Secretary of Health and Human Services will iss ue the following vacc ine com pe nsation payme n t: A lump sum of$114 ,656. 15 in the form of a check payable t o petitioner. This amount represents compensation fo r all remaining damages t hat would be available under 42 U.S.C. § 300aa- l 5(a). 9. As soon as pract icable after the entry of judgmen t on ent itlement in this case , and after petitioner has filed both 

### a proper and timely election to receive compensat ion pur suant to 42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings befo re the special master to awar d reasonable attorneys' 

### fees and costs incurred in proceed ing upo n this petition. I 0

. Petitioner and her atto rne y represent that compensation to be provided pursuan t to thi s Stipul ation is not for any i tems or services for which the Program i s not primari ly liab le under 42 U.S.C. § 300aa-l5(g), to the exten t that payment has been made or can reasonably be expected 

### to be made under 

### any State compensation program s, insurance policies, Federal or State health be n efits programs (other than Title XIX of the Social Security A ct ( 42 U.S.C. § 1396 et seq.)), er by entities that provide health services on a pre-paid basis.

211. Payment made pur suant 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.~.§ 300aa

15(i), subject to the availability of suffic i ent 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 u nrei mbu rsed expenses , the money. provided pursuant to this Stipulation will be used solely for the benefi t of petitioner as contemplated by a . stric t construction of 42 U.S.C. § 300aa- 1 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa

- 15(g) and (h). 13
. 

### In return for the payme n ts descri b ed
. in paragraphs 8 and 9, pe titioner, in her individual capacity, and on behalf of her heirs , executors, administrators, successors or assigns, does forever irrevocab l y 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 (inclu din g agreements, judgments, claims, damages, loss of services, expenses and all dtmands of whatever kind or nature) that have been brought, co uld have been b rought. or co uld be t imely brought in the Court of Federal Claims, under th e National Vaccine Injury Compensation Pr

ogram, 42 U.S.C
. § 300aa-10 et seq. , on a~oun t of, or i n any way growing out of, any and all known or unknown , s uspect ed or unsuspected personal inj uries to or death of petitioner resulting from, or alleged to have · resulted from, th e flu vaccination administered on October 25, 20 14 , as alleged by petitioner in a petition for vaccine compe n sation filed on or a bo ut November 30, 20 I 6, in the United States Court of Fede ral Claims as petition No. 16- l 586V
. 14. If p etit i o ner shouid die prior to entry of judgment, this agreement s ha ll be voidable upon proper notice to the Court on behalf of either or both of the partie s.

315. 

### If the special master fails to issue a decision in complete conformity with the tenns of this Stipu l ation or if the Court of Federal Claims fails to enter judgment in confonnity with a decis io n that is in complete confonnity with the term s of t his Stipulation, then the parties' settlement and this Stipulation sh all be voidable at the sole discretion of either party. 16
. . This Stipulation expresse s a full and complete negotia te d settlement of liability and damages claimed und e r 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 th e parties here to to make any p aymen t or to do any a c t or thing other than is herein expressly stated and clearly agreed to. The parties :further agree and und erstand that the award descri be d in this Stipulation may reflec t a compromise of the parties ' respe ct ive positions as to liability and/or amount of d a mages , and further, that a change in t he na tu re of the injury or condition or in the
. items of compensation sought, is not grounds to modify or r evise th is agreement. 17
. Thi s Stipulation shall not b e con strued as an admission by the United States or the Secretary of Health and Hum an Services that the flu vaccine caused p e titioner's alleged CRPS or brachia} neuritis. 18
. All r ights and obligations of peti tio n er he reun der shall app l y equ ally to peti t ioner ' s heirs, executor s , admin istrato rs, successors, and/or assigns.

I 

### I I I I 

### I 

### I I I I END OF STIPULATION

4Respectfully submitted 1 PET,ITIONER:~ · . 

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ATTORNEY-OF RECORD FOR 

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# 1J Conway Hom er, P.C. J 6 Shawmut S
. treet Boston, MA 02116

AUTHORIZED REPRESENTATIVE OFT~ SECRETARY OF HEALTH ANi> l;I.UMAN ~ERVICES: , .



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_ NARA YAN 

### 1-IAIR, MP
. Director, Division of 

### I:n3ury Compensation Programs Healthcare Systems
.Bureau U.S. Dep

_ artmenrof Health ahd Human Setvlces 5600 F i shers Lane · Piukl aw n Bui)ding, Mail · ~top 08NI%B 

### Rockv. illej 

## MD 20S57
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5 AUTirORIZED UEPRESENTATIVE O.F . . ATTORNEY GENERAL!: 

# ~&-
- :, C TI-Wt E E.JffiEVES Dep
. 1r.ector
. Torts
. Branch, Civil bivision U.S
. ti · ~partment of Justic e P
. O. Box .146 Benjamin FraJlklin Statlori
. WashingtonJ · DC 20044-0146
ATTORNEY OF RECORD FOR RESPONDENT:

T1ial Attorney, . Tort s Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station WashingL1m, DC 20044

- 0146 Tel: (202)616-36<$

. 5