In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1593V 

Filed: September 20, 2019

UNPUBLISHED

MARY GULER, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On October 24, 2017, petitioner 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”) vaccination administered on 

August 25, 2016. Petition at 1; Stipulation, filed September 19, 2019, at ¶¶ 1, 2. 

Petitioner further alleges that the flu vaccine was administered within the United States, 

that she experienced the residual effects of this condition for more than six months, and 

that there has been no prior award or settlement of a civil action for damages as a result 

of [t]his condition. Petition at 3; Stipulation at ¶¶ 3-5. “Respondent denies that 

petitioner sustained a SIRVA Table Injury and denies that the flu immunization is the 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

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, the 

undersigned agrees that the identified material fits within this definition, the undersigned will redact such 

material from public access. Because this unpublished decision contains a reasoned explanation for the 

action in this case, undersigned is 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). 

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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cause of petitioner’s alleged shoulder injury, or any other injury or condition.” Stipulation

at ¶ 6. 

Nevertheless, on September 19, 2019, the parties filed the attached joint 

stipulation, stating that a decision should be entered awarding compensation. The 

undersigned finds the stipulation reasonable and adopts it as the decision of the Court 

in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $98,000.00 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. 

The undersigned approves 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/Nora Beth Dorsey

Nora Beth Dorsey

 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 

MARY GULER, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

No. 17-1593V 

Chief Special Master Nora Beth Dorsey 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury 

Compensation Program, 42 U.S.C. § 300aa-10 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. 

§ 100.3(a). 

2. Petitioner received the flu vaccination on or about August 25, 2016. 

3. The vaccine was ~dministered within the United States. 

4. Petitioner alleges that the flu vaccine caused her to develop a shoulder injury and that 

she experienced the residual effects of this condition 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 his condition. 

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

flu immunization is the cause of petitioner's alleged shoulder injury. or any other injury or 

condition. 

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

issues between them shall be settled and t~at 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 payment: 

A lump sum of $98,000.00 in the form 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). 

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. 

10. 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-15(g), including State compensation programs, insurance policies, 

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. 

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

pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the 

availability of sufficient 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 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-l 5(g) and (h). 

13. In return for the payment described in paragraph 8, and any amount awarded 

pursuant to paragraph 9, petitioner, in her individual capacity, and on behalf of her heirs, 

executors, administrators, successors and/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 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-l O 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 vaccine administered on or about August 25, 2016, as alleged by petitioner in a 

petition for vaccine compensation filed on or about October 24, 2017, in the United States Court 

of Federal Claims as petition No. l 7-l 593V. 

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. 

3 
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 tenns 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, as amended, 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 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' respective positions as to liability and/or 

amount of damages and further, 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. 

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 shoulder 

injury or any other injury or 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, 

PETfflONER: 

ATTORNEY OF RECORD FOR 

PETITIONER: 

~ . v-- DIANAELNIKAS 

,tagtioCllnsropha'-&TOlle, P.A. 

160S Main Streei Suite 710 

Sarasota. FL 

(888) 9S2-S242 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETARY OF HEAL TH 

AND HUMAN SERVICES: 

uJ&tds~~ 

TAMARA OVERBY 

Acting Director, Division of lrtjury Compensation 

Programs (DICP) 

Healthcare Systems Bureau 

Health Resources and Services Administration 

S600 Fishers Lane 

Parklawn Building. Mail Stop 08N 1468 

Rockvill~ MD 208S7 

bATE: q ( 1't / (~ 

s 

AUTHORIZED REPRSENT ATIVE 

OF THE ATIORNEY GENERAL: 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington; DC 20044-0146 

A1TORNEY OF RECORD FOR 

RESPONDENT: 

A ILLEM.COL 

Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4098