In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-427V

UNPUBLISHED

SANDRA POSH-DENZLER, 

AKA Sandra Denzler,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: December 13, 2019

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.

Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On March 22, 2018, Sandra Posh-Denzler 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 left Shoulder Injury Related to 

Vaccine Administration (SIRVA) after receiving the influenza (“flu”) vaccination on 

September 22, 2016. Petition at 1; Stipulation, filed December 12, 2019, at ¶¶ 4. 

Petitioner further alleges that she had no history of pain, inflammation, or dysfunction of 

the affected shoulder prior to vaccine administration; that she suffered the onset of pain 

within 48 hours of vaccine administration; that her symptoms were limited to the 

shoulder in which the vaccine was administered; that there is no other condition or 

abnormality present that would explain Petitioner’s symptoms; and that she experienced 

the residual effects of this injury for more than six months. Petition at 1-2; Stipulation at 

¶¶ 4. Respondent denies “that petitioner sustained a SIRVA Table injury following the 

 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 ruling 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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flu vaccine administered on or about September 22, 2016; denies that the vaccine 

caused petitioner’s alleged left shoulder injury or any other injury; and denies that 

petitioner’s current condition is a sequelae of a vaccine-related injury ” Stipulation at ¶ 6. 

Nevertheless, on December 12, 2019, 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. 

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

damages that would be available under § 15(a); and

A lump sum of $3,074.55, which amount represents reimbursement of a 

State of Connecticut Medicaid lien, in the form of a check payable jointly to 

petitioner and:

Connecticut Department of Administrative Services

Collection Services

450 Columbus Boulevard, Suite 1001

Hartford, CT 06103

Attn: Ms. Jennifer Reid-Williams, Reimbursement Analyst

Jennifer.Reid-Williams@ct.gov

(860) 713-5451

Case Number: 4005825

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 

SANDRA POSH-DENZLER, 

AKA SANDRA DENZLER, 

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Petitioner, 

No. l 8-427V {ECF) 

v. Chief Special Master Corcoran 

SECRETARY OF HEAL TH AND 

HUMAN SERVICES, 

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Respondent. 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Sandra Posh-Denzler, also known as Sandra Denzler, petitioner, filed a petition for 

vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 

300aa-l0 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries 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. § l 00.3(a). 

2. Petitioner received a flu vaccination on or about September 22, 2016. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that the flu vaccine caused her to develop a left-sided Shoulder 

Injury Related to Vaccine Administration {"SlRVA") within the time period set forth in the 

Table. In the alternative, petitioner alleges that she suffered an off-Table injury with regard to 

her left-sided shoulder injury. Petitioner further alleges that she experienced the residual effects 

of this injury 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 her condition. 

6. Respondent denies that petitioner sustained a SIRVA Table injury following the flu 

vaccine administered on or about September 22, 20 I 6; denies that the vaccine caused petitioner's 

alleged left shoulder injury or any other injury; and denies that petitioner's current condition is a 

sequelae of a vaccine-related 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-2l(a)(l), the Secretary of Health and Human Services will issue 

the following vaccine compensation payments: 

a. A lump sum of $55,000.00 in the fonn of a check payable to petitioner. 

This amount represents compensation for all damages that would be 

available under 42 U.S.C. § 300aa-15(a); and 

b. A lump sum of$3,074.55, which amount represents reimbursement of a State of 

Connecticut Medicaid lien, in the form of a check payable jointly to petitioner 

and: 

Connecticut Department of Administrative Services 

Collection Services 

450 Columbus Boulevard, Suite 1001 

Hartford, CT 06103 

Attn: Ms. Jennifer Reid-Williams, Reimbursement Analyst 

Jennifer.Reid-Williams@ct.gov 

(860) 713-5451 

Case Number: 4005825 

Petitioner agrees to endorse this check to the Connecticut Department of Administrative 

Services. 

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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:2l(a)(l), and an application, the parties will submit to further proceedings before 

the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this 

petition. 

I 0. Petitioner and her attorney represent that they have identified to respondent all 

known sources of payment for items or services for which the Program is not primarily liable 

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

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

U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 

11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded 

pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aaI 5(i), subject to the availability of sufficient statutory funds. I 

12. The parties and their attorneys further agree and stipulate that, except for any award 

for attorneys' fees and litigation costs, and past unreimbursable expenses, 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-l5(g) and (h). 

13. In return for the payments described in paragraphs 8 and 9, petitioner, in her 

individual capacity, and on behalf of her heirs, executors, administrators, successors ~d/or 

assigns, does forever irrevocably and unconditionally release, acquit and discharge the United 

States and the Secretary of Health and Human Services from any and all actions or causes of 

action (including agreements, judgments, claims, damages, loss of services, expenses and all 

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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-l0 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 vaccination administered on or 

about September 22, 2016, as alleged by petitioner in a petition for vaccine compensation filed 

on or about March 22, 2018, in the United States Court of Federal Claims as petition No. l8-

427V. 

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 conformity with the terms 

of this Stipulation or if the Court 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 party. 

16. This Stipulation expresses a full and complete negotiated settlement of liability and 

damages claimed under the National Childhood Vaccine Injury Act of 1986, 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' respe9tive positions as to liability and/or amount of 

damages, and f~rther, 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. 

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17. This Stipulation shall not be construed as an admission by the United States or the 

Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged leftsided SIRVA, any other injury, or her current condition. 

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

heirs, executors, administrators, successors, and/or assigns. 

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END OF STIPULATION 

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Respectfully submitted, 

ATTORNEY OF RECORD FOR 

PETITIONER: 

J~ 

Jeffrey S. Pop & Associates 

9150 Wilshire Boulevard, Suite 241 

Beverly Hills, CA 90212-3429 

Tel: (310) 273-5462 

AUTHORIZED REPRESENTATIVE 

·oFTHE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

TAMARA OVERBY 

Acting Director, Division of Injury 

Compensation Programs 

Healthcare Systems Bureau 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane 

Parklawn Building, Mail Stop 08NJ468 

Rockville, MD 20857 

Dated: f_Lj ri./ ~o1:) • 

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AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

~ EVES ~------

Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4118