# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-732V UNPUBLISHED
CHRISTOPHER CROWLEY , Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: October 27, 2021 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Ronald Craig Homer, Conway , Homer, P.C., Boston, MA, for Petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1 On May 17, 2019, Christopher Crowley 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 a shoulder injury related to vaccine administration (SIRVA) resulting from the adm inistration of an influenza (flu) vaccination received on October 3, 2017. Petition at 1; Stipulation, fil ed at October 26, 2021, ¶¶ 1-3. Petitioner further alleges that the vacci nation was administered with the United States, that he suffered the residual effects of his injury for more than six months after administration of his flu vaccine, and that no lawsuits have been filed or settlements or awards accepted by anyone, including Petitioner, due to his vaccine-related injury.. Petition at 1, 11; Stipulation at ¶¶ 3-5. “ Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’ s alleged shoulder injuries, or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury. ” Stipulation at ¶ 6.

1 Because this unpublished Decision contains a reason ed explanation for the action in this case, I am required to post it on the United States Court ofFederal Claims' website in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 availabl e 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.
2National 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 October 26, 2021, the parti es 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 award ing damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I awardthe following compensation: A lump sum of $40,000.00 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
CHRISTOPHER CROWLEY, ) ) ) ) ) ) ) ) ) ) ) Petitioner,
v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
STIPULATION The parties hereby stipulate to the following matters: No
. 19-732V Chief Special Master Corcoran (ECF)

1. Christopher Crowley, 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 injurie s 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
. § 100.3 (a). 2
. Petitioner received the flu vaccine on or about October 3, 2017. 3. The vaccination was administered within the United States. 4. Petitioner alleges that he sustained a Shoulder Injury Related to Vaccine Administration (" SIRVA") following his flu vaccine, within the time period set forth in the Table, or in the alternative, that his alleged shoulder injuries were caused by the vaccine. He further alleges that he experienced the residual effects ofhis alleged injuries for more than six months after vaccine administration.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 sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injuries, or any other injury; and denies that his current condition is a sequelae of a vaccine-related 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 ofthis 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-2l(a)(l), the Secretary ofHealth and Human Services will issue the folbwing vaccine compensation payment: A lump sum of $40,000.00 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-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. 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-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

2State 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
. 11. Payments made pursuant to paragraphs 8 and 9 ofthis Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(Q, subject to the availability of sufficient statutory funds. 12. The parties and t heir 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 construction of42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payment described in paragraph 8 and any amount awarded pursuant to paragraph 9, petitioner, in his individua 1 capacity 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 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 vaccination administered on October 3, 2017, as alleged by petitioner in a petition for vaccine compensation filed on or about May 17, 2019, in the United States Court ofFederal Claims as petition No
. l9- 732V.

314. Ifpetitioner 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. 15. Ifthe special master fails to issue a decision in complete conformity with the terms ofthis Stipulation or ifthe Court of Federal Claims fails to enterjudgment in conformity with a decision that is in complete conformity with the terms ofthis 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 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 ofthe parties• respective positions as to liability and/or amount ofdamages, and further, that a change in the nature of the 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 flu vaccine caused petitioner's alleged shoulder injury, any other injury, or his current disabilities. 18. All rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.

I I I END OF STIPULATION

4J A THO~ZED REPRESENTATIVE 0 THE ~ECRETARY OF HEALTH D HUMAN SERVICES: 

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