In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-0001V

UNPUBLISHED

THERESA COLLINS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: September 23, 2020

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On January 2, 2019, Theresa Collins 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 right shoulder injuries related to 

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

28, 2017. Petition at 1; Stipulation, filed at September 23, 2020, ¶¶ 2-4. Petitioner further 

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

residual effects of this condition for more than six months, and there has been no prior 

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

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

injury; denies that her alleged shoulder injury was caused by the vaccine; and denies that 

her current condition is a 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 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).
2

Nevertheless, on September 23, 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 $55,000.00 in the form of a check payable to Petitioner; 

and 

• A lump sum of $971.39 in the form of a check jointly payable to 

petitioner and

DHHR/HMS Tort Recovery

P.O. Box 11073

Charleston, West Virginia 25339

File Number 145511

Petitioner agrees to endorse the check to DHHR/HMS Tort Recovery. 

Stipulation at ¶ 8. These amounts represent compensation for all items of damages that 

would be available under Section 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.