# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

No. 18 - 1024 V UNPUBLISHED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 & Bar bone , Atlantic City, NJ

, for Petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1 

### On July 16, 20 18 , 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 w a s administered i n the U nited States, that she suffered th e residual effects of the se injuries for more than six months , and that there has been no prior award or settlement of a civil action for damages on her b ehalf as a result of her condition . Petit ion at 1 - 2 ; Stipulation at ¶¶ 4 - 5
. “ Respondent denies that petitioner sustained a SIR VA Table injury; denies that the flu vaccine cause petitioner ’ s alleged SIR VA , or any other injury; an d further denies that petitioner ’ s current disab ilities are sequelae of a vaccine
- related in ju ry. ” 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 subpara graph of 42 U.S.C. § 300aa (2012 ).2



### Nevertheless, o n 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 term s 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 P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under § 15 (a). Id

. I approve the requested amount for P etitioner’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?-: T he 

### parties hereby stipulate to 

### the following m a tters: 

### I
. Christine Pappas (''petitioner'') filed a petition for vaccine compensat i on under 

### t he

"·• 1 1' on-:>I \'accine fn i nn • ro ,npensa - t i "l' Pr0or"111 J') 

## T'' r r 100 '.'l <> - 10 fo ' '1 (• · li e "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 i nfluenza (''flu '' ) vaccine, which 

### vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § !00
. 3(a). 2. 

### Pet i tioner 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 fw t ber alleges that 

### she suffered the residual effects of these in j ur i es 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 j1Jdgm e nr reflecting ,l d~cision consistent with the teffils of this Stipulation, and after petitioner has filed an election ro receive compensation pursuant to 1 

### 12 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 proceed i ng upon this petition. I 0. Petitioner and her at tomey 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 Securi ty Act (42 U
. S.C.§ 1396 et seq . )). or entities that pr ovide heal t h -.er v ices on a prepaid basi s .

2

### t 1. Payment made pursuant to paragraph 8. and any amo unts 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 par t ies nnd their attorneys f urthcr agree and stipulnte th<'
. t , ex cc! 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, ~ucccs so:-s. a nd assigns 1 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 voida ble upon proper notice to the Court on behalf ()f either or both of the parries
.

315. If the special master fails to issue a decision in complete conformity with t h e 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 payme nt o r 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, th at 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
. 1 or assigns.

I I
i END OF ST1PCLA TIOt--:

4Respectfully 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 City 1 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. Dcp a rtmcnf of He alt h anJ Human Scr\'ices 5600 fishers Lane Parklawn 13uilcting, Stop 08N 146B Rockville. \1D 

# 20f 57 DATE:

_ 

# _;z/ I7/16
- -

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 I46 Tel: (202) 616-4099