In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-929V

(not to be published)

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ELIZABETH EVANS,

 Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

 Respondent.

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Filed: June 24, 2020

Decision by Stipulation; Damages;

Influenza (“Flu”) Vaccine; Shoulder 

Injury Related to Vaccine Administration 

(SIRVA). 

Shealene Mancuso, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Robert Coleman III, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On July 1, 2017, Elizabeth Evans (“Petitioner”) filed a petition, seeking compensation 

under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF 

No. 1. Petitioner alleges she suffered a shoulder injury related to vaccine administration (SIRVA) 

as a result if receiving an influenza vaccine on October 9, 2015. See Stipulation ¶ 2, 4, dated June 

24, 2020 (ECF No. 454); see also Petition. 

Respondent denies “that [P]etitioner sustained a Table SIRVA injury, and denies that the 

 

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted 

on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 

3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided 

by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain 

kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days 

within which to request redaction “of any information furnished by that party: (1) that is a trade secret or 

commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or 

similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine 

Rule 18(b). Otherwise, the Decision in its present form will be available. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. 

No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter 

“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the 

pertinent subparagraph of 42 U.S.C. § 300aa.
influenza vaccine caused [P]etitioner to suffer from a shoulder injury or any other injury.” See

Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed 

in a stipulation filed June 24, 2020 that the issues before them can be settled and that a decision 

should be entered awarding Petitioner compensation. 

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation 

is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth 

therein.

The stipulation awards: 

a lump sum of $38,500.00 in the form of a check payable to [P]etitioner.

Stipulation ¶ 8. This award represents compensation for all damages that would be available under 

42 U.S.C. § 300aa-15(a).

I approve a Vaccine Program award in the requested amount set forth above to be made to 

Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk 

of the Court is directed to enter judgment herewith.3

IT IS SO ORDERED. 

s/ Katherine E. Oler

Katherine E. Oler

Special Master

 

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice 

renouncing their right to seek review.