In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

RAUL DEJESUS, * No. 14-1238V

* Special Master Christian J. Moran

Petitioner, *

*

v. *

* Filed: October 27, 2016

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine; 

* shoulder injury related to vaccine 

Respondent. * administration (“SIRVA”).

*

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

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner;

Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On October 26, 2016, the parties filed a joint stipulation concerning the 

petition for compensation filed by Raul DeJesus on December 29, 2014. In his

petition, petitioner alleged that the influenza vaccine, which is contained in the 

Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on 

October 14, 2013, caused him to suffer shoulder injuries, including bursitis and 

adhesive capsulitis. Petitioner further alleges that he suffered the residual effects 

of this injury for more than six months. Petitioner represents that there has been no 

prior award or settlement of a civil action for damages on his behalf as a result of 

his condition.

 

1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and 

Promotion of Electronic Government Services), requires that the Court post this decision on its 

website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing 

redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). 

Any redactions ordered by the special master will appear in the document posted on the website.
2

Respondent denies that the influenza vaccine caused petitioner to suffer 

shoulder injuries or any other injury. 

Nevertheless, the parties agree to the joint stipulation, attached hereto. The 

undersigned finds said stipulation reasonable and adopts it as the decision of the 

Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum payment of $50,000.00 in the form of a check payable to 

petitioner, Raul DeJesus. This amount represents compensation for all 

damages that would be available under 42 U.S.C. § 300aa-15(a).

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

the clerk is directed to enter judgment in case 14-1283V according to this decision 

and the attached stipulation.2

Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-

6360.

 

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Master

 

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each 

party filing a notice renouncing the right to seek review by a United States Court of Federal 

Claims judge.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPEC[AL MASTERS 

***********'**********'** 

• 

RAUL DEJESUS, • 

* 

Petitioner, * 

* 

v. • 

• 

+ 

SECRET ARY OF HEAL TH • 

AND HUMAN SERVICES, * 

* 

Respondent • 

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

~o. 14-1238V (ECF) 

Special Master 

CHRISTrAN J. MORAN 

STIPULATION 

The parties hereby stipulate to the following matters: 

Fax Server 

I. Petitioner tiled a petition for vaccine compensation under the National Vaccine Injury 

Compensation Program, 42 U .S.C. § 300aa-l0 to 34 (the "Vaccine Program"). The petition 

seeks compensation for injuries allegedly related to petitioner's receipt of trivalent influenza 

(''flu") vaccine, which vaccine is contained io the Vaccine lnjury Table (the "Table"), 42 C.F.R. 

§I00.3(a). 

2. Petitioner received the flu vaccine on or about October 14, 2013. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that he suffered "shoulder injuries, including' bursitis and adhesive 

capsulitis" as a consequence of the flu immunization he received on or about October 14, 2013, 

and further alleges that he suffered the residual effects of this injury for more than six months. 

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

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

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6. Respondenl denies that the flu vaccine caused petitioner's aUcged shoulder injuries, 

including bursitis and adhesive capsulitis or any other injury and further denies that his current 

disabilities are a sequels of a vaccine-related 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 of this Stipulation: 

8. As soon as practicable after en entry of judgment reflecting a decision consistent with 

the terms of this Stipulation, and after petitioner has filed an election to receive compensation 

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

the following vaccine compensation payment: 

A lump sum of$50,000.00 in the form of a check payable to petitioner, 

representing compensation for al I 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-2 I (a)( I), 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. 

l O. Petitioner and his 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, 

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 prepaid be.sis. 

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I I. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awat'ded 

pursuant to paragl'aph 9 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 attorney's fees and litigation costs, 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-J 5(g) and (h). 

13. In return for the payments described in paragraphs 8 and 9, petitioner, in his 

individual capacity, and on behalf of his heirs, executors, administrators, successors, and 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 

(inc.:luding 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 United States Court ofFederal Claims, under the National Vaccine Jnjury 

Compensation Program, 42 U.S.C. § 300aa-J 0 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 or 

about October 14, 2013, as alleged by petitioner in a petition for vaccine compensation filed on 

or about December 29, 2014, in the United Slates Cou1t of Federal Claims as petition No. 14-

1238V. 

I 4. 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. 

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15. If the special master fails to issue a decision in complete conformity witb the terms 

of this Stipulation or if the United States Court of Federal Claims foils 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, .llS amended, except 

es otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the 

patties hereto to make any payment or 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 shoulder 

injuries, including bursitis and adhesive capsulitis or any other injury or any of his current 

disabilities. 

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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Respectfully submitted, 

.-PETITIONER: <. ,,.) • 

R 

. MULLER, ESQ. 

JL, LLP 

715 wining Road, Ste. 107 

Dresher, PA 19025 

Tel: (215) 259-8662 

AUTHORIZED REPRESENTATIVE OF 

THE SECRET Y EAL TH AND 

BUMAN SE 

~f~ 

R,M.D. 

Director, Division of Injury 

Compensation Programs 

Healthcare Systems Bureau 

Health Resources and Services Administration 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane 

Park.lawn Building, Stop-08Nl46B 

Rockville, MD 20857 

AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

ES (<--_ Acting Deputy Director 

Torts B1·anch 

Civil Division 

U. S. Department of Justice 

P. 0. Box 146 

Benjamin Franklin Station 

Washington, D.C. 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

alktt:¥:i! 

Senior Trial Counsel 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Tel: (202) 616-4122 

Dated: /rJba /J_6 I I 

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