In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1654V

UNPUBLISHED

GARETH ACTON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 18, 2020

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.

Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On October 25, 2018, Gareth Acton 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 that he suffered a left shoulder injury related to 

vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on 

December 8, 2017. Petition at 1; Stipulation, filed March 18, 2020, at ¶¶ 1-4. Petitioner 

further alleges that the vaccine was administered in the United States, he experienced 

the residual effects of his injury for more than six months, and there has been no prior 

award or settlement of a civil action for damages as a result of his condition. Petition at 

1, 6; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table 

injury, and further denies that the flu vaccine caused petitioner’s alleged left shoulder 

injuries and residual effects, or any other injury.” Stipulation at ¶ 6. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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. 

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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Nevertheless, on March 18, 2020, the parties filed 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.

Pursuant to the terms stated in the attached Stipulation, I award the following 

compensation:

A lump sum of $85,000.00 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 § 15(a), including pain and suffering and 

lost earnings. 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

 

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 

GARETH ACTON, 

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Petitioner, 

No. 18-1654 V (ECF) 

V. Chief Special Master Corcoran 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

Respondent. 

STIPULATION 

The parties hereby stipulate to the following matters: 

I. Gareth Acton ("petitioner") filed a petition for vaccine compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the •·vaccine 

Program"). The petition seeks compensation for injuries allegedly sustained following 

petitioner's receipt of an influenza ("flu") vaccine. which vaccine is contained in the Vaccine 

Injury Table (the "Table"), 42 C.F.R. § I 00.3(a). 

2. Petitioner received a flu vaccine on December 8, 2017. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that he sustained the first symptom or manifestation of onset of 

a left Shoulder Injury Related to Vaccine Administration (''SIRVA .. ) within the time period set 

forth in the Table. Petitioner further alleges that he experienced the residual effects of his 

SIRVA for more than six months. 

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

action for damages as a result of his condition. 
6. Respondent denies that petitioner sustained a SIRVA Table injury, and further 

denies that the flu vaccine caused petitioner's alleged left shoulder injuries and residual effects, 

or any other 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 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-2 I (a)( I), the Secretary of Health and Human 

Services will issue the following vaccine compensation payment: 

A lump sum of $85,000.00 in the form of a check payable to petitioner, 

Gareth Acton, which amount represents compensation for all damages that 

would be available under 42 U.S.C. § 300aa-l 5(a), including pain and 

suffering and lost earnings. 

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)(l), and an application, the parties will submit to further proceedings 

before the special master to award rea~onable attorneys· fees and costs incurred in proceeding 

upon this petition. 

I 0. Petitioner and his 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- I 5(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 

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et seq.), or by 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-l 5(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, 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-l 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 or assigns, 

does forever irrevocably and unconditionally release, acquit and discharge the Secretary of 

Health and Human Services and the United States of America 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-IO 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 vaccine administered on 

December 8, 20 I 7, as alleged by petitioner in a petition for vaccine compensation tiled on or 

about October 25, 2018, in the United States Court of Federal Claims as petition No. I 8-1654 V. 

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 confonnity with the 

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terms of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity 

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 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 of 

America or the Secretary of Health and Human Services that petitioner·s alleged left shoulder 

injuries and residual effects, or any other injury, were caused by the flu vaccine. 

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

petitioner~s heirs, successors and/or assigns. 

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END OF STIPULATION 

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Respectfully submitted. 

PETITIONER: 

ATTORNEYOFRECOROFOR 

PETITIONER~ 

1 J Sayad, P.C. 

75 South Broadway 

4th Floor 

White Plains, NY I 0601 

(914) 729-1110 

AUTHORIZED REPRESENTATIVE 

OF THF. SECIU:TARY OF HEALTH 

AND RUMAi~ S.llRVICES: 

wa.A.d s~~ tf 1.. 

TAMARA OVERBY 

Acting Director, Division of Injury 

Compensation Programs (OlCP) 

Healthcare Systems Bureau 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane 

Parklawn Building, Mail Stop 08N146B 

Rockville, MD 208.57 

Dated: o'? \ '" I z_o "2, O 

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AUTHORIZED IU:PRESENT A TIVE 

0 THE ATTORNEY GENERI\.L: 

~ - C£_t ____ , 

ARlNE E. REEVES 

Deputy Director 

To1ts Branch, Civil Divi1;ion 

U.S. Department of Justice 

P.O. Box 146 

Hcnjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

v~NI ~.1t- ~ LL---

VORrs E. JOHNSON. JR. 

Senior Trial Attorney 

Torts Rrnnch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Stal1on 

Wnshington, OC' 20044-0146 

(202) 616-4136