In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1024V

UNPUBLISHED

CHRISTINE PAPPAS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: February 19, 2020

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Phyllis Widman, Jacobs & Barbone, Atlantic City, NJ, for Petitioner.

Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On July 16, 2018, Christine Pappas 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 a SIRVA, after receiving the flu 

vaccine. Petition at 1; Stipulation, filed February 19, 2020, at ¶ 4. Petitioner further 

alleges that the vaccine was administered in the United States, that she suffered the

residual effects of these injuries for more than six months, and that there has been no 

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

condition. Petition at 1-2; Stipulation at ¶¶ 4-5. “Respondent denies that petitioner 

sustained a SIRVA Table injury; denies that the flu vaccine cause petitioner’s alleged 

SIRVA, or any other injury; and further denies that petitioner’s current disabilities are 

sequelae of a vaccine-related 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 

E-Government 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).
2

Nevertheless, on February 19, 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 $50,000.00 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). 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 STA TES COlJRT OF FEDERAL CLAIMS 

OFFICE OF SPf::ClAL JltlASTERS 

CHRISTrNE PAPPAS, 

Petitioner, 

V. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

No. 18-1024V 

Chief Special Master Corcoran 

ECF-SPU 

STfP_l!LA TIO?-: 

The parties hereby stipulate to the following matters: 

I. Christine Pappas (''petitioner'') filed a petition for vaccine compensation under the 

"·•11' on-:>I \'accine fninn• ro,npensa-ti"l' Pr0or"111 J') T'' r r 100'.'l <> - 10 fo ' '1 (•·lie "V:11•1·1·11,, •'""• 1,il ••• ....... .,, y ...._,. tl~ ~•• 1\o.• J; ~ =-••'l ., , _ '-, . • ,,\ ,, '-;; • t (•\.• • ~ , .) , • , , , ~ .... .., ,.._ 

Program"). The petition seeks compensation for i1tjuries allegedly related to petitioner's receipt 

of the influenza (''flu'') vaccine, which vaccine is contained in the Vaccine Injury Table (the 

"Table"), 42 C.F.R. § !00.3(a). 

2. Petitioner received a flu vaccine in her left deltoid on October 5, ~O 17 

3. The vaccine was administered within the United States. 

("SIRVA"), a Table injury, which was caused by the flu ,·accinarion. Petitioner fwtber alleges 

that she suffered the residual effects of these injuries for more than six months. 

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

for damages on her behalf as a result of her condition. 
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu 

vaccine caused petitioner's alleged SIRVA. or any other injury; and further denies that 

petitioner's current disabilities are sequelae of a vaccine-related injury. 

7. Maintaining their above-stated positions. the parties nevertheless now agree that the 

issues between them shall he settled a.nd 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 j1Jdgmenr reflecting ,l d~cision consistent with 

the teffils of this Stipulation, and after petitioner has filed an election ro receive compensation 

pursuant to 112 U.S.C. § 300aa-2 l(a)(I ). the Secretary of Health and Human Services will issue 

the follov..,·ing \'accine compensation payment: 

A lump sum of $50.00Q,. 00 in the form of :i check payable to petitioner. This amount 

'represents compensation for all damages that would be available under 42 U .S.C. 

§ 300aa-I S(a). 

9. As soon as practicable after the enrry 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' foes and costs incun·ed in proceeding upon this 

petition. 

I 0. Petitioner and her attomey represent that they have idcmificd to respondent all 

known sources of payment for items or services for which the Program is not primarily li:-ible 

under 42 U.S.C. § 300aa-I 5(g), including State compensation programs, insurance policies, 

Federal or State health benefits programs (other th:m Title XIX of the Social Security Act (42 

U.S.C.§ 1396 et seq.)). or entities that provide heal th -.erv ices on a prepaid basis. 

2 
t 1. Payment made pursuant to paragraph 8. and any amounts awarded pursuant to 

paragraph 9 of this Stipulation, will be made in accordance \Vith 42 V.S.C. § 300aa-! 5(i), subject 

to the availability of sufficient statutory funds. 

12. The parties nnd their attorneys f urthcr agree and stipulnte th<'.t, excc!pl for any award 

for attomeys' fees and litigation costs, and past unreimburscd expenses, the money provided 

pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a 

stricr construction of 42 U.S.C. § 300aa- l 5(a) and (d), and subject 10 the cone.lit ions of 42 U.S.C. 

§ 300aa-l 5(g) and (h). 

I 3. In return for the payments described in paragraphs 8 and 9. petitioner. in her 

individual capacity. and on behalfof her heirs. executors. adminis!ra!ors, ~ucccsso:-s. and assigns1 

does forever irrevocably and unconditionally release, acquit and discharge the Cnited States and 

the Secretary of Health and Human Services froni 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 brough~, could have been brought, or could be timely 

brought in the United States Court of Federal Claims, under the National Vaccine Injury 

Compensation Program, 42 U.S.C. § 300aa-10 er seq., on ~ccount of, or in any way growing our 

of. any and all known or unknown. suspected or unsuspected per:-onal injuries to or death of 

petitioner resulting from. or alleged to have resulted from, the flu vaccine administered on 

October 5,2017, as alleged by petitioner in a petition for \accinc compensation fik.d on July 16. 

20!8, in the United States Court ofFcd~ral Claims as petition No. 18-1024Y. 

14. If petitioner should die prior to entry of judgment, this agreement shall be voidable 

upon proper notice to the Court on behalf ()f either or both of the parries. 

3 
15. If the special master fails to issue a decision in complete conformity with the terms 

of this Stipulation or if the Uni led States Cou11 of Federal Claims fails 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 parry. 

16. This Stipulation expresses u full and complete negoti3ted settlement ofliabi lity and 

damages claimed under the National Childhood Vaccine Injury Act of l 986, as amended. except 

a;; othcnvise noted in paragraph 9 above. Thcr~ :s ::bsolutely no agreement on the part cf !he 

parties hereto to make any payment or do any act or thing other than is herein expressly sratcd 

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 andior 

amotmt of damages. and further, that a change in the natth·c of ihe injt.i}' or c'°,ndition or ir. the 

items of compensation sought, is nor grounds to modify or revise this agreement. 

17. Thi~ Stipulaiiun shall not be constrned as an admission by the United States or the 

Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA, 

or any other injury. or that her current disabilities arc ~cquelac of her alleged vac.:cin~-related 

111JUI)'. 

! 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner· s 

heirs, executors, adminisu-ators, successors, an<l.1or assigns. 

I 

I 

i 

END OF ST1PCLA TIOt--: 

4 
Respectfully submim:d. 

PETITIONER: 

{}j~ 1{£_ftuy'(l. . .:k _ CHRISTDJE PAPP.AS 7 . 

ATTOR~EY OF RECORD FOR 

l'ETITlOI\ER: 

uA <· u~i~Si 

JACOBS & BARDOJ-.:E, PA 

1125 Pacific Avenue 

Atlantic City1 NJ 0840 I 

Tel: (732) 829-3416 

AVTHORIZtt> R£l'RESE7\TA TIVE OF 

THE SECRETARY OF HEAL TH A~1) 

HU~·lA~ SERVICES: 

_t!_~ ~e1~Je~ 

TAMARA OVERBY 

Acting Director 

Division of Injury Compensation Programs 

Healthcar~ Systems Bureau 

Health Resources and Services Administration 

U.S. Dcpartmcnf of Health anJ Human Scr\'ices 

5600 fishers Lane 

Parklawn 13uilcting, Stop 08N 146B 

Rockville. \1D 20f 57 

DATE: _ _;z/ I 7/16 - -

5 

;\UTHORIZED REPRESE\ITATIVE 

OF Tiff ATTOru'iEY GENERAL: 

Civil Division 

U. S. Department of Justice 

P. 0. Box 146 

Benjamin franklin Station 

\:Vashingt0n, DC 20044-0146 

A TTOR.1'EY OF RECORD FOR 

RESPONDENT: 

/ti/! ll dtMt d 

Lt!ft:y!/ !fj Se111or·Trial Attorney 

Tons Branch 

Civil Division 

U. S. Department of Justice 

P. 0. Bo:< 146 

Benjamin Franklin Station 

\Vashingron, DC 20044-0 I 46 

Tel: (202) 616-4099