# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1844V Filed: July 30, 2019 UNPUBLISHED PATRICIA SHARP, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION 1 

### Dorsey, Chief Special Master: On November 28, 2017, Patricia Sharp (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry 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 receiving an influenza (“flu”) vaccine to her right shoulder on September 2, 2016 . Petition at 1; Stipulation, filed July 30, 2019, at ¶¶ 2, 4. Petitioner further alleges thatshe suffered from her injury for more than six months. Petition at 7; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury and denies that petitioner’s alleged SIRVA and its residual effects were caused-in-fact by her flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or her current condition.” Stipulation at¶ 6.

1The 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 Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website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).
2National 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).2 

### Nevertheless, on July 30, 2019,the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonableand adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated inthe attached Stipulation, the undersigned awardsthe following compensation: A lump sum of $65,000.00, in the form of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compensation for all items of damages that would be available under § 15(a). Id

. The undersigned approves the requested amountfor petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Append ix 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

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


### PATRICIA SHARP, Petitioner,
V. SECRETARY OF HEALTH AND HUMAN 

### SERVICES, Respondent. ) ) ) ) ) No. l 7-1844V ) Chief Special Master Dorsey ) ECF ) 

### ) ) }


# ________________ ) STIPULATION The parties hereby stipulate to the following matters: 1. Patricia Sharp, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S
.C. §§ 300aa-IO to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an 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 immunization on September 2, 2016. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table, and further alleges that she experienced the residual effects ofher 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 her behalf as a result ofher condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury and denies thatpetitioner's alleged SIRVA and its residual effects were caused-in-fact by her flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or her current condition. 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 ofthis Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. 

### § 300aa-2 l(a)(] ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $65,000.00 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 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-15(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 of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

211. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 ofthis Stipulation will be made in accordance with 42 U.S.C
. § 300aa15(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 unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of42 U.S.C. § 300aa-l 5(g) and 

### (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf ofher 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 of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands ofwhatever kind OT nature) that have been brought, could have been brought, OT could be timely brought in the Court ofFederal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 ct 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 September 2, 2016, as alleged by petitioner in a petition for vaccine compensation filed on OT about November 28, 2017, in the United States Court of Federal Claims as petition No. 17-1844V. 14. Ifpetitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalfofeither 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 ifthe Court of Federal Claims fails to enterjudgment in conformity with a decision that is in complete confo1mity 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 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 of the parties' respective positions as to liability and/or amount of damages, 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 of Health and Human Services that the flu vaccine caused petitioner to have a SIRVA
or any other injury. 

### 18. All rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.


### I I 

### I I I I 

### I I I I 

### I END OF STIPULATION

4

### Respectfully submitted, PETITIONER: 

# '-?~**~** PATRICIA SHARP


### ATTORNEY OF RECORD FOR PETITIONER:

Jeffrey S. Pop & Associates 

### 9150 Wilshire Blvd. Suite 241 Beverly 

### Hills, CA 90212 

### Tel: (310) 273-5462

AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF BEALffl 

### AND HUMAN SERVICES:

TAMARA OVERBY 

### Acting Director, 

### Division ofInjury Compensation Programs (DICP) 

### Healthcare Systems 

### Bureau Health Resources and Seivices Administration U.S. Department ofHealth and Human Services 

### 5600 Fishers Lane Parklawn Building, Mail Stop 08N I46B 

### Rockville, MD 20857

Dated: 

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# I '.2,0\ "\



### 5 AU' "'HORIZED REPRESENTATIVE 

### OF THE ATTORNEY GENERAL: 

# C~vi,,tt**~** ~v·c.S 

# ~:::&~ ibt'.~ CAT H EE.REEVES Deputy Director 

### Torts Branch Civil Division U.S. Department ofJustice P.O

. Box 146 

### Ben j amin Franklin Station Wa~:hington, DC 

### 20044-0146 ATTORNEY OF RECORD FOR RESPONDENT:



### SARAH ~ Trial Attorney 

### Torts Branch Civil 

### Division U.S. Department ofJustice 

### P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 514-9729