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

No. 18 - 0834 V Filed: August 22, 2019 UNPUBLISHED
SUSAN WIGLEY , 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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA , for petitioner. Lara Ann Englund

, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION 1 

### Dorsey , Chief Special Master: On June 12, 2018 , p etitioner 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 she suffered a right shoulder inj ury rel ate d to vaccin e administration ( “ SIRVA” ) as a resul t of an influenza vaccine received on O ctober 14, 2015 . Petition at 1 ; Stipulation , filed August 22, 2019 , at ¶ ¶ 1 - 4

. Petitioner further alleges that she received the vaccine in the Unite d States, th at the injuries and sequelae lasted mo re than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her con dition . Petit ion at 1, 3 ; Stipulation at ¶¶ 3 - 5
. “ Respondent denies that petitioner suffered a SIRVA Table injury; denies that the vaccine caused petitioner ’ s alleged shoulder injury, or any other injury;

1 The un dersigned 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 informati on, 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 u npublished 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) (Federa l Management and Promotion of Electronic Government Services)

. 2 National 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 subpara g raph of 42 U.S.C. § 300aa (2012 ).2



### and denies that her current condition is a sequelae of a vaccine
- related injury

. ” Stipulation at ¶ 6. Nevertheless, o n August 22, 2019 , the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the term s stated in the attached Stipulation , the undersigned award s the following compensation: A lump sum of $ 47,500.00 in the form of a check payable to petitioner

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

. The undersigned approves 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/Nora Beth Dorsey Nora Beth Dorsey 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 SUSAN WIGLEY, Petitioner,
V
. 

### SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ) ) ) ) 

### ) No. l8-834V ) Chief Special Master Nora Beth Dorsey ) ) ) )


### STIPULATION The parties hereby stipulate to the following matters : I. Petitioner Susan Wigley ("petitioner") filed 

### a petition for vaccine compensati on under the National Vaccine Injury Compensation Program, 42 U
.S.C. 

### § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries 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 

### flu and pneumococcal conjugate vaccines on or 

### about October 14, 2015. 

### 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set fo11h in the Table, or in the alternative , that her alleged shoulder injury was caused 

### by the vaccine. She further alleges that she experienced the residual effects of this condition for more than six months
. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition.6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her 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 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. 

### § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of 

### $47,500.00, in the fonn 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-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 they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U
. S
. C
. § 300aa• l 5(g), including 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 entities that provide health services on a pre-paid basis.

211. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, ex · cept 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 of 42 U
. S.C. 

### § 300aa-l 5(a) and (d), and subject to the conditions of 42 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 of her 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 ofaction (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-l Oet 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 and pneumococcal conjugate vaccinations administered on or about October 14, 2015, as alleged by petitioner in a petition for vaccine compensation filed on or about June 12, 2018, in the United States Court of Federal Claims as petition No. I 8-834V. 14. 

### 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.

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 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 noted 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 agreed to. The patties further agree and understand that the award described in this Stipulation may reflect a compromise of the pa11 i es' 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 either the flu vaccine or the pneumococcal conjugate vaccine caused petitioner's alleged right shoulder ittjuries or any other injmy or her current condition. 

### I 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns
. I I 

### I I I 

### I I END OF STIPULATION

4Respectfully submitted,

SUSAN WIGLEY
ATTORNEY OF RECORD FOR PETITIONER:

AMY A. SENERTH MULLER BRAZ IL, LLP 715 Twining Road , Suite 208 Dresher, PA t 9025 (215) 885-1655

AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES:

TAMARA OVERBY Acting Director, Division of Injury Compensation Programs Healthcare Systems Bureau U.S. Department 

### of Health and Human Services 5600 Fishers Lane Park l awn Building, Mail Stop 08Nl46B Rockville, MD 20857
Dated:
_ _,_ 5>

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; _._\ 

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5 AUTHORIZED REPRESENTATTVE OF THE ATTORNEY GENERAL:

INE E. REEVES Deputy Director Torts Branch Civil Division U.S. Department of Justice P.O
. Box 146 Benjamin Franklin Station Washington, DC 20044

-0146
ATTORNEY OF RECORD FOR RESPONDENT: 

# ~) ,--**~** LARA A. ENGLUND Senior Trial Attorney Torts Branch Civil Division U.S. 

### Department of Justice P.O. 

### Box 146 

### Benjamin Franklin Station Washington, DC 20044-0146 (202) 307-3013 

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