In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-142V 

Filed: December 30, 2015 

UNPUBLISHED 

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

PAULETTE CUMMINS, * 

 * 

 Petitioner, * Joint Stipulation on Damages; 

 * Influenza (“Flu”) Vaccine; 

 * Severe Shoulder Pain; Special 

SECRETARY OF HEALTH * Processing Unit (“SPU”) 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. 

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master: 

 On February 11, 2015, petitioner 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 severe shoulder pain as a result of 

her September 18, 2012 influenza [“flu”] vaccine. Petition at 1; Stipulation, filed 

December 30, 2015, ¶¶ 2, 4. Petitioner further alleges that she has suffered the 

residual effects of her injury for more than six months and has received no prior 

compensation, award, or settlement of a civil action for damages as a result of her 

injury. Petition, ¶¶ 26-27; Stipulation, ¶¶ 4-5. “Respondent denies that the flu vaccine 

caused petitioner’s alleged shoulder pain. Respondent further denies that the flu 

vaccine caused petitioner any other injury or her current condition. ” Stipulation, ¶ 6. 

Nevertheless, on December 30, 2015, the parties filed the attached joint 

stipulation, stating that a decision should be entered awarding compensation. The 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended 

at 44 U.S.C. § 3501 note (2006)). 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. 

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). 
2

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

in awarding damages, on the terms set forth therein. 

The parties stipulated that petitioner shall receive the following compensation: 

A lump sum of $95,000.00 in the form of a check payable to petitioner. 

Stipulation, ¶ 8. This amount represents compensation for all items of damages 

that would be available under 42 U.S.C. § 300aa-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 

PAULETfE CUMM INS. 

Petitioner. 

v. No. 15-l-12V 

SECRF.TARY OF HEALTH A D 

HUMAN SERVICES. 

Chie l' Special Master Dnrse~ 

1-:CF 

Rcsrondcnt. 

STIPULATION 

The parties hereby stipulate to the follo\\'ing matters: 

I . Petitioner lilcd n petition for vacci ne compcnsmion undcr the N ational V~11:e 111.: Injury 

Compensation Program. 42 l l.S.C. ~ 300aa-10 to 3-1 (the "Vaccine Program"). The rc1itio11 

seeks compensation for injuries allegedly related 10 pctitinner· s receipt ol' an inllucn1.a ("llu") 

vaccine. which vaccine is contained in the Vacci ne Injury Table (the ·Table"). -1 2 C.F.R. ~ 100.3 

(a). 

.., Petit inner recei\'ccl her llu immunin llinn on September 18. 20 12. 

3. The vaccine \\ns administered within the United States. 

4. Petitioner alleges that she dcvdopcd severe shoulder pain as a consequence nl'the llu 

immuni.-::ation she rece ived. and l'urther alleges that sh<.: c.\pericnccd the residual effect s ol'this 

injury fi)I' more than six month s. 

5. Petitioner represents that there has been no prior a\\ard or settlcment o l'a civ il ac tion 

f<> r damages as a result of her condition. 

Case 1:15-vv-00142-UNJ Document 24 Filed 12/30/15 Page 1 of 5
6. Respondent denies that the llu vacc ine caused petitioner's alleged shoulder pain. 

Responclenc fu rther denies that the nu \accine caused petitioner an~ other injury or her current 

condition. 

7. Maintaining their abo\'e-stated positions. the panics ncvcrlhtkss 110\\ agree that the 

issues between them shall be settled and that a clcl.:ision shoulJ be entered a"arding the 

compensation described in paragraph 8 of this Stipulation. 

8. As soon as practicable nf'ter an entr) ol'judgment rellecting a decision consistent" ith 

rhe terms of thi s Stipulation. and aller petitioner has lilccl an election to recei ve compensation 

pursuant to 2 LJ.S.C. * 300an-2 I (a)( I). the Set:retar) ol' I lea Ith and 1 luman Services" ill issue 

the fol lowing vacei ne compcnsat ion pa) mcnt: 

A lump sum ol'S95,000.00 in the form ora check pa) able to pctitionL'r. This 

amount represents compensation for all damages that \\Otild be a\'ailablc under 

42 U.S.C. ~ 300aa- 15(a). 

9. As !inon a-; practi<.: abl c nl'tcr the entry ol'juJg1111.:nt on cntitlcmrnt in this L'asc. and a lier 

pcritioner has filed both a rropcr and timely election to recci\'c compensation pursuant to 

.:\2 U.S.C. ~ 300aa-2 I (a)( I). and an application. the parties" ill submit to rurther proccc.:dings 

before the special master to ;rnard reasonable attornc.:)s· lt:cs and costs incurred in prnn:ccling. 

upon this petition. 

I 0. Petitioner and her altorney represent that the: have idcntilied to rcspomknt all 

known sources or payment lor items or services 1\)r "hich the Prngrnm is not primaril) liable 

under -1 2 U.S.C. * 300aa- I 5(g). including St:llc compensatic1n prngram ~. insurance polii.:ics. 

Federal or State health benefits programs (other than Title XIX of the S1.icial Sc1:urit: 1\ ct 

(-12 Ll.S.C. ~ 1396 ct seq.)). or entities that provide health se rvices on a pre-paid basis. 

Case 1:15-vv-00142-UNJ Document 24 Filed 12/30/15 Page 2 of 5
11. Pa) nH!nls made pursuant lo paragraph 8 and any amounts 11\\ardt.:cl pursuant to 

paragraph 9 ofthis Stipulation will be mack in accordance ''ith -12 lJ.S.C. ~ 300aa-15(i). subject 

to the availability of sufficient statutor) !imds. 

12. The parties and thdr attornc)s rurther agree and stipulate that. e.\ccpl for an~ a"<ml 

for mtorneys· tees and litigation costs and past urm:imhursablc c:-.pcnse~. tht: money prcl\'idcd 

pursuant to this Stipulation\\ ill be used sold) for the benclit of petitioner as contemplated b~ a 

strict construct ion of 42 U .S.C. ~ 300aa- I 5(a) and ( d ). and sul~jet.:l to the conditions or -12 lJ .S.C. 

~ 300aa- 15(g) and (h). 

13. In rctllrn for the payment:, described in pnragraphs 8 and 9. petitioner. in her 

individual capacity. and on bchall'ol'hcr ht:irs. cxo;:cutors. administrators. uccess ~ or assigns. 

docs forever irrevocably and uncondilionall::. rcleast:. acquit and discharge th!.! United States and 

the Secretary of Health and Human Services from an) and all actions or causes or action 

(inc luding agn:c111e11ts. juugmcnts. c laims. danwgcs. luss uf'Sl!J'\ ice::-. c:-.pcnses and all dc1111111d-; 

ol'wha1cvcr kind or nature) that ha\e bel.!n brought. could have been brought. or could be time!;. 

brought in the Court or Federal Claims. under the r\ation:ll Vaccine Injury Compensation 

Program. 42 U.S.C. ~ JOOaa- 10 ct seq .. on an:ou111 nl: tir in illl) \\ll ~ gro" ing llUl or. any and all 

knmvn or unknown. suspected or 1111 suspcctcd personal injuries lo or death or pct it inner rcsu It ing 

frnm. or alleged to have resulted rrnm. the llu "accination administered on September 18. 2012. 

as alleged by petitioner in a petition for vacc ine compensation filed on Februar: 11. 2015. in the 

United States Court orFcderal Claims as petition o. 15-l-12V. 

1-1. II' petitioner should die prior to cntr) ofjudgmcnt. thi s agreement shall be voidable 

upon proper notice 10 the Court on behalf of either or both ol'thc parties. 

" 

Case 1:15-vv-00142-UNJ Document 24 Filed 12/30/15 Page 3 of 5
15. If' the special master foi ls to issue a decision in complete conlim11 ity \\·ith the terms 

of this Stipulation or irthe Court or Federal Claims foils to enter judgment in conlormity \\ ith a 

decision that is in complete con lorrn ity ''ith the terms of'this Stipulmion. then the parties· 

settlement and this Stipulation shall be' oidablc at the sole discretion nl'cithcr pan:. 

16. Thi s Stipulation expresses a l"ull and com plete negotiated sculcment or liabi lity and 

damages claimed under the National Childhood Vaccine Injury /\ct of" 1986. as amended. c\ccpt 

as otherwise noted in paragraph 9 above. There is absolute!; nn agrccmL'nt on the part ol' thc 

parties hereto to nrnke any paymen t or to do an: act or thing 01her tlrnn is herein expressly stated 

and clearly agreed to. The parties r·urther agree and untkrstand that the a\\ard described in th is 

Stipulat ion may reflect a compromise of the parties· rcspecti\·c posit ions as to liabilit~ · amllor 

amount of damages. and further. that a change in the nature ol'thc injur") or conditiun or in thc 

items or compensation sought. is not grounds to modif~ or revise this agreement. 

17. This Stirulntion shall not be construed as an adm ission b~ the l lnitcd Stales t)r the 

Secretary or I I cal th and I luman Services thai the llu v;1c1: inatio11 caused peti ti ne r"~ shuulckr 

pain or any other injury. 

18. All rights and obligations of peti1ioncr hcrcundcr shall appl: cquall: to pctitiom:r .. s 

hci rs. e:-;ccutors. administrators. successors. and/or nssigns. 

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END OF STIPI Jl..1\TION 

Case 1:15-vv-00142-UNJ Document 24 Filed 12/30/15 Page 4 of 5
Respectfully submitted, 

l'E'I'mONER: 

A'ITORNEY OF RECORD FOR 

PETITIONER: 

9107 Wilshire Blvd, Sutte 700 

•m Bem-ly Hills, CA 90210 

(310) 273-5462 

NTATlVt; 

FHEALTB 

A. MELISSA H USTON, M.D., M.P.H, FAAP 

Director, Division of 

Injury Compensation Programs 

Healthcare Systems Bureau 

V •. S. Department of Health 

and Huma!) Services 

5600 fishers Lano 

Parklawn Building, Mail Stop 08Nl46B 

Rockville. MD 20857 

oaicd: Dec 3 0 .'20l5 

} 

.s 

AUTHORIZED REPRESENTATIVE 

OF' 1liE ATTORNEY GENERAL: 

~a~ VINCENT J. M'ATANOSKI 

Deputy OiredDr 

Tons Branch 

Civil Division 

U.S.DepartinentofJusticc 

P.O. Box 146 

Benjamin f'rankiin Sratlon 

Washington, DC 20044-0146 

A'ITORNEY OF RECORD FOR 

RESPONDENT: 

ADRIANA TEITEL 

Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Bax 146 

Benjamin Franklin Station 

Washington, DC 20044--0146 

(202) 616-3677 

Case 1:15-vv-00142-UNJ Document 24 Filed 12/30/15 Page 5 of 5