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In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-0874V 

Filed: December 7, 2015 

UNPUBLISHED 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * 

CHERYL PEDRAZA, * 

 * 

 Petitioner, * Joint Stipulation on Damages; 

 * Influenza (“Flu”) Vaccine; Shoulder 

 * Injury Related to Vaccine 

SECRETARY OF HEALTH * Administration (“SIRVA”); Special 

AND HUMAN SERVICES, * Processing Unit (“SPU”). 

 * 

 Respondent. * 

 * 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * 

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. 

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master: 

 On August 13, 2015, 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 as a result of an 

influenza (“flu”) vaccine she received on October 14, 2014. Petition at 1; Stipulation, 

filed 12/7/2015, ¶ 4. Respondent states that “[t]here is not a preponderance of the 

evidence demonstrating that petitioner’s condition is due to a factor unrelated to 

vaccination.” Stipulation, ¶ 6. 

Nevertheless, on December 7, 2015, the parties filed a joint stipulation (attached 

as Appendix A), 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. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended 

at 44 U.S.C. § 3501 note (2006)). 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. 

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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The parties stipulate that petitioner shall receive the following compensation: 

A lump sum of $115,772.83, in the form of a check payable to petitioner. 

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

that would be available under 42 U.S.C. § 300aa-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 ST A TES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

CHERYL PEDRAZA, 

Petitioner, 

v. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

Respondent. 

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No. 15-874V ECF 

Chief Special Master Dorsey 

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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. § 

I 00.3(a). 

2. Petitioner received the flu ·vaccination on or about October 13, 20 14. 

3. The vaccine was administered within the United States. 

4. Petitioner suffered a shoulder injury related to vaccine administration ("SIRVA"). 

This includes, but is not limited to, petitioner's right shoulder bursitis, right anterior shoulder 

lesion, and nodular fasci itis. 

5. Petitioner experienced the residual effects of her injury for more than six months. 

6. There is not a preponderance of evidence demonstrating that petitioner's condition is 

due to a factor unrelated to vaccination. 
7. Petitioner represents that there has been no prior award or settlement of a civil action 

for damages as a result of her condition. 

8. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act 

for her SIRVA. Therefore, a decision should be entered awarding the compensation described in 

Paragraph 9 of this stipulation. 

9. 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-21(a)(l), the Secretary of Health and Human Services will issue 

the following vaccine compensation payment: 

A lump sum of $115,772.83 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). 

10. 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. 

11. 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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12. Payment made pursuant to paragraph 9 of this Stipulation, and any amounts awarded 

pursuant to paragraph I 0 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa15(i), subject to the availability of sufficient statutory funds. 

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

for attorney's fees and litigation costs, and past out-of-pocket expenses, the money provided 

pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a 

strict constrnction 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). 

14. In return for the payments desc1ibed in paragraphs 9 and 10, petitioner, in her 

individual capacity, and on behalf of his 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-10 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 October 13, 2014, as alleged by petitioner in a petition for vaccine compensation filed on 

or about August 13, 2015, in the United States Court of Federal Claims as petition No. 15-874V. 

15. 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. 

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16. 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. 

17. 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 10 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' 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. 

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

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

END OF STIPULATION 

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Respectfully submitted, 

PETITIONER: 

l&YtJKm 

ATTORNEY OF RECO 

PETITI R: 

I IM J. MULLER 

Muller Brazil, LLP 

715 Twining Road 

Suite 107 

Dresher, PA 19025 

(215) 885-1655 

AUTHORIZED REPRESENTATIVE 

OFTHESECRETARYOFHEALTH 

AND VICES: 

OUSTON, M.D., M.P.H, FAAP 

Acting Director, Division of Vaccine 

Injury Compensation (DVIC), Acting Director 

Countenneasures Injury Compensation 

Program (CICP) 

Healthcare Systems Bureau, U.S. Department 

Of Health and Human Services 

5600 Fishers Lane 

Parklawn Building, Mail Stop l lC-26 

Rockville, MD 20857 

Dated: f :2 { 1 {1 :L 

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AUTHORIZED REPRESENTATIVE 

OF THE A TIORNEY GENERAL: 

!id~l&~ 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: 

DARRYLR. WISHARD 

Senior Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

(202) 616-4357