In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1824V

UNPUBLISHED

MICHAEL DEAN VUCENIC,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 10, 2022

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.

Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On November 27, 2019, Michael Dean Vucenic 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 he suffered left shoulder injuries related to 

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

November 13, 2017. Petition at 1; Stipulation, filed January 10, 2022, at ¶¶ 2-4. Petitioner 

further alleges the vaccine was administered in the United States, he experienced 

residual effects of his injury for more than six months, and there has been no prior award 

or settlement of a civil action for damages as a result of his condition. Petition at 1, ¶¶ 51-

53; Stipulation at ¶¶ 3-5. Respondent denies that petitioner’s alleged left shoulder injury 

or any other injury or condition was caused by his receipt of the flu vaccine, and further 

denies that petitioner sustained a SIRVA Table 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

Nevertheless, on January 10, 2022, 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 $60,000.00 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

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 

MICHAEL DEAN VUCENIC, ) 

) 

) 

) 

) 

Petitioner, 

v. No. 19-1824V 

SECRETARY OF HEALTH AND HUMAN )) 

SERVICES, ) 

Chief Special Master Corcoran 

ECF 

______________ Respondent. ) ) 

STIPULATION 

The parties hereby stipulate to the following matters: 

l. Michael Dean Vucenic, 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 vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 

42 C.F.R. § 100.3(a). 

2. Petitioner received the influenza vaccination in his left arm on November 13, 2017. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine 

Administration ("SIRVA'') as a result of receiving the influenza vaccine, within the Table time 

frame, and that he experienced 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 on his behalf as a result of his condition. 
6. Respondent denies that petitioner's alleged left shoulder injury or any other injury or 

condition was caused by his receipt of the flu vaccine, and further denies that petitioner sustained 

a SIRVA Table 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 lJ..S.C. § 300aa-2 l(a)(l ), the Secretary of Health and Human Services will issue 

the following vaccine compensation payment: 

A lump:sum of$60,000.00 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-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-2 l (a)( I), 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 his 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 S(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 ben~fits programs (other than Title XIX of the Social Security Act (42 U.S.C. 

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

2 
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts awarded 

pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aal S(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 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 constructiqn of 42 U.S.C. § 300aa-l 5(a) and (d}, and subject to the conditions of 42 U.S.C. 

§§ 300aa-1 S(g) and (h). 

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

individual capac_ity and on behalf of his heirs, executors, administrators, successors 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, 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 influenza vaccine administered on or about November 13, 

2017, as alleged by petitioner in a petition for vaccine compensation filed on November 27, 

2019, in the Uni~ed States Court of Federal Claims as petition No. 19-l 824V. 

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 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, as amended, except 

as otherwise not~d 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 agreyd 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 influenza vaccine caused petitioner to suffer a 

shoulder injury or his current disabilities, or any other injury or condition, or that petitioner 

sustained an injury contained in the Vaccine Injury Table. 

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

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

I 

I 

I 

I 

END OF STIPULATION 

4 
Respectfully submitted, 

PETITIONER: 

ATIORNEYOFRECORDFOR 

PETITIONER: 

J~ 

Jeffiey S. Pop & Associates 

91SO Wilshire Blvd., Suite 241 

Beverly Hills, CA 90212 

(310) 273-S462 

(310)274-7749 Fax 

jpop@poplawyer.com 

AUTHORIZED REPRESENTATIVE 

OJl'TBE SECRETARY OF HEALTH 

AND BUMAN SERVICES: 

[:)ail, ~I ~~ .<1/JRAJ, ~ 

CDR GEORGE REED GRIMES, MD, MPH 

Director, Division of Injury 

Compensation Programs 

Health Systems Bureau 

Health Resources and Services 

Administration 

U.S. Depanment of Health 

and Human Services 

5600 Fishers Lane, 08N l 46B 

Rockvil~e, MD 20857 

Dated: 01 I fc? /ttrz_.?_ 

s 

AUTHORIZED REPRSENTATIVE 

OF THE A TI'ORNEY GENERAL: 

' ..M.e~ ':sill~ 

HEATHER L. PEARLMAN 

Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATl'ORNEYOFRECORDFOR 

RESPONDENT: 

A1~W~~~ ~ ~ L.-V~ 

ALTHEA WALKER DAVIS 

Senior Trial Counsel 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-0S IS 

Althea.Davis@usdoj.gov