# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1134V UNPUBLISHED ETHEL LOVE, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: August 31, 2021 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 

### On August 5, 2019, Ethel Love 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 left shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on October 14, 2016. Petition at 1;Stipulation, filed at August 31, 2021, ¶¶ 2, 4. Petitioner further alleges that her vaccine injury lasted more than six months. Petition at ¶ 23. Respondent denies that “petitioner sustained the onset of a left shoulder injury within the time period set forth in the Table; denies that the vaccine caused petitioner’s alleged injuries or any other injury or petitioner’s current disabilities; and denies that petitioner sustained a SIRVA Table injury.”Stipulation at ¶ 6. Nevertheless, on August 31, 2021, the partiesfiled 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.

1Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 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, I agree that the identified material fits within this definition, I will redact such material from public access.

2National Childhood Vaccine Injury Act of 1986, Pub.L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 

### Pursuant to the terms stated inthe attached Stipulation, I awardthe following compensation: A lump sum of $63,500.00, 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 Section 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

3Pursuant 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

ETHEL LOVE, Petitioner,



### v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. No. 19-1134V Chief Special Master Corcoran ECF

STIPULATION The parties hereby stipulate to the following matters: 

### 1. Petitioner, Ethel Love, 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 ofthe 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 vaccine on or about October 14, 2016. 3. The vaccine was administered within the United States. 4. The petition alleges that petitioner suffered from a left shoulder injury related to vaccination administration ("SIRVA") as a resuh ofreceiving the flu vaccine

. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages arising out ofthe alleged vaccine injury. 6. Respondent denies that petitioner sustained the onset of a left shoulder injury within the time period setforth in the Table; denies that the vaccine caused petitioner's alleged -1-

### injuries or any other injury or petitioner's current disabilities; and denies that petitioner sustained a SIRVA Table 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 ofthis 

### Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms ofthis Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 

### 300aa-21(a)(l), the Secretary ofHealth and Human Services will 

### issue the following vaccine compensation payment: A lump sum of $63,500.00 in the form ofa check payable to petitioner. This 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-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 

### any proceeding upon this 

### petition. 10. Petitioner and petitioner's 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 ofthe Social Security Act (42 U.S.C. § 

### 1396 et seq.)), or by entities that provide health services on a pre-paid basis, and represent that they have identified to respondent all known sources of payment for items or -2-services for which the Program is not primarily liable under 42 U.S.C. 

### § 300aa-15(g). 11. Payment(s) made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 ofthis 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 of42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of42 U.S.C

. § 300aa-15(g) and (h). 

### 13. In return for the payments descnbed in paragraphs 

### 8 and 

### 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's 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 ofwhatever kind or nature) that have been brought, could have been brought, or could 

### be timely brought in the United States Court ofFederal 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 vaccination as alleged by petitioner 

### in a petition for vaccine compensation filed on or about August 5, 

### 2019, in the United States Court ofFederal Claims as petition No. 

### 19-1134V. 14. Ifpetitioner should 

### die prior to entry ofjudgment, 

### this agreement shall be -3-voidable upon proper notice to the Court on behalf of either or both ofthe parties. 

### 15. Ifthe special master 

### fails to issue a decision in complete conformity with the

terms of 

### this Stipulation or 

### if the United States Court ofFederal Claims 

### fails to enterjudgment in conformity with a decision that is in complete conformity with the terms ofthis 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 ofliability 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 ofthe 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 descnbed in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount ofdamages, and further, that a change in the nature ofthe 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 vaccine causedpetitioner's alleged injury or any other injury or petitioner's current condition. 18. All 

### rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.



### I I I END OF STIPULATION

-4-

### Respectfully submitted, 

### PETITIONER:

ETHEL LOVE



### ATTORNEY OF RECORD FOR PETITIONER: 

# ~Q PABRAZll, Muller Brazil, LLP 71S Twining 

### Road, 

### Suite 208 Dresher, PA 19025 (215) 885-16SS



### AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF 

### HEALTH AND HUMAN SERVICES:



# Z)JtL ~I ~C,I 

# #f,, TAMARA OVERBY Acting Director, Divwion of lnjmy



### Compensation Program., Healthcare System Bureau Health Resources and Services

Adminiltration 

### U.S. Department ofHealth

and 

### Human Services 5600 Fimers 

### Lane, 08Nl46B 

### Rockville, MD 208S7

Dated: 

### og /31 / ~ / AUTBORIZJtD REPRESENTATIVE OF THE ATTORNEY GENERAL:

# ~~ HEATHER L. PEARLMAN Deputy 

### Director 

### Torts Branch Civil 

### Divilion U.S. Department ofJustice P.O. Box 146 Beqjamin Franklin Station 

### Washington, DC 20()44-.()146



### ATTORNEY OF RECORD FOR 

### RESPONDENT:

# ~

# ~LP-<-u..Ar--- ALEXA ROOGENKAMP Trial Attorney Torts Branch Civil 

### Division U.S. Department ofJustice P.O.Box 146 Benjamin Franklin Station 

### Washington, DC 20044-0146 202-616-4179 alexa.roggenkamp@usdoj.gov



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