# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

No. 19 - 1824 V UNPUBLISHED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 STIPULATION 1 

### On November 27, 2019 , Mic h ael 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 in fluenza ( “ flu ” ) vaccine received on November 13, 2017 . Petition at 1 ; Stipulation, fil ed January 10, 2022 , at ¶¶ 2
- 4

. Petitioner further alleges the vaccine was administered in the United States, he experienced residual effect s of his injury for more than six month s, and there ha s been no prior award or settlement of a civil action for damages as a result of his condition . Petit ion at 1, ¶¶ 51
- 53 ; Stipulation at ¶¶ 3
- 5

. Respondent denies that petitioner ’ s alleged left shoulder inju ry or any other injury or condition was cause d by his receipt of the flu vaccine, and further denies that petitioner sustained a SIRVA Table inj ury. ” Stipulation at ¶ 6.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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 f its 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 p ertinent subpara graph 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 P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under Section 15 (a). Id

. I approve the requested amount for P etitioner’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, ) ) ) ) ) Pet i tioner , 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 hi s 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 hi s 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 elect i on 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 i tems 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.



### 211. Payment made pursuant to paragraph 8 of this Stipulati on, and any amounts awarded pursuant to paragraph 9 of this Stipulation , will be made in accordance w i th 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 of42 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.



### 315. 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 enterjudgment 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

4Respectfully 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 ofJustice 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 ofJustice 

### P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-0S IS Althea.Davis@usdoj.gov