# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1531V UNPUBLISHED CRYSTAL WEEKS, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: October 26, 2021 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Ida Nassar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 

### On October 2, 2019, Crystal Weeks 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on October 28, 2018. Petition at 1; Stipulation, filed on October 26, 2021, at 1. Petitioner further alleges that her shoulder injuries lasted for more than six months and that there has been no prior award or settlement related to her alleged injury. Petition at 3; Stipulation at 1. Respondent “denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. Stipulation at ¶6.

1Because this unpublished Decision contains a reasoned explanation for the action in this case, I amrequired to post it on the United States Court of Federal Claims' website in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.

2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 

### Nevertheless, on October 26, 2021, 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 awardthe following compensation: A lump sum of $45,000.00 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 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

3Pursuant 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

CRYSTAL WEEKS, Petitioner, V. 

### SECRETARY OF 

### HEALTH AND HUMAN SERVICES. Respondent. ) ) ) ) ) ) ) ) ) ) ) No. 19-1531V ChiefSpecial Master Corcoran



# _________________ ) 

### STIPULATION The parties hereby stipulate to the following matters: I. Crystal Weeks, 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 ofan influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table'"), 42 C.F.R. § 100.3(a). 2. Petitioner received the flu vaccine on October 26, 2018. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. She further alleges that she experienced the residual effects ofthis condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement ofa civil action for damages on her behalfas a result ofher alleged injury.

### 6. Respondent denies that petitioner sustained a SlRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequela ofa 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 

### ofthis Stipulation. 8. 

### As soon as practicable after an entry of judgment reflecting a decision consistent with the terms ofthis Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U

### .S.C. § 

### 300aa-2 I

### (a)( I), 

### the Secretary ofHealth and Human Services will issue the following vaccine compensation payment: A lump sum of$4S,000.00 

### in the form ofa check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 

### 300aa-l 5(a). 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-21(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. I0. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 

### 300aa-l 5(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX ofthe Social Security Act (42 U.S.C.

2§ 1396 et seq.}), or by entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 ofthis Stipulation will be made in accordance with 42 U.S.C. § 300aa-1S(i), subject

to the availability ofsufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that. except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit ofpetitioner as contemplated by a strict construction of42 U.S.C. 

### § 300aa-lS(a) and (d). and subject to the conditions of42 U.S.C. § 300aa-lS(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalfofher heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary ofHealth and Human Services from any and all actions or causes ofaction (including agreements,judgments, claims, damages, loss of services, expenses and all demands ofwhatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court ofFederal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lOet 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 ofpetitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 26, 2018, as alleged in a petition for vaccine compensation filed on or about October 2, 2019, in the United States Court ofFederal Claims as petition No. 19-IS31V. 14. 

### Ifpetitioner should die prior to entry of judgment, this agreement shall be voidable

3upon proper notice to the Court on behalfofeither or both ofthe parties. 15. Ifthe special master fails to issue a decision in complete conformity with the terms ofthis Stipulation or ifthe Court ofFederal Claims fails to enterjudgment in conformity with a decision that is in complete conformity with the terms ofthis Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion ofeither party. 16. This Stipulation expresses a full and complete negotiated settlement ofliability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except

as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part ofthe 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 ofthe parties· respective positions as to liability and/or amount ofdamages, and further, that a change in the nature ofthe injury or condition or in the items ofcompensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary ofHealth and Human Services that the flu vaccine caused petitioner's alleged injury or any other injury or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations ofpetitioner hereunder shall apply equally to petitioner·s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION

4Respectfully submitted, 

### PETITIONER: 

# ~Q CRYSTAL EEKS



### ATTORNEY OF RECORD FOR PETITIONER: 

# i!litER

Muller Brazil, 

### LLP 715 Twinning Road, Suite 208 Dresher, PA 19025 Tel: (215) 885-1655



### AUTHORIZED REPRESENTATIVE OF THE SECRETARY 

### OF HEALTH AND HUMAN SERVICES: AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL: 

# ~~1⁄4itS1NMML'-_ Deputy Director Torts Branch Civil Division 

### U.S. Department ofJustice 

### P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 

### ATTORNEY OF RECORD FOR RESPONDENT:



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TAMARA OVERBY (.) IDA NASSAR Acting Director, Division of Injury Trial Attorney

Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department ofJustice

Administration 

### P.O. Box 146 

### U.S. Department ofHealth Benjamin Franklin Station

and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08N 146B TeI: 202-616-4186 Rockville, MD 20857 Email: lda.Nassar~1usdoj.gov

Dated: 10 

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