VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00120
Package ID: USCOURTS-cofc-1_17-vv-00120
Petitioner: Angela Chambers
Filed: 2017-01-26
Decided: 2019-11-15
Vaccine: influenza
Vaccination date: 2014-10-08
Condition: immediate pain and subsequent limited motion in her right shoulder
Outcome: compensated
Award amount USD: 100784

AI-assisted case summary:
Angela Chambers filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2017, alleging that she suffered immediate pain and subsequent limited motion in her right shoulder caused by an adverse reaction to the influenza vaccine she received on October 8, 2014. The respondent denied that the flu vaccine caused the petitioner's alleged injury, adverse reaction, or any other injury, and further denied that her current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on October 9, 2019, agreeing to settle the issues and award compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Angela Chambers was awarded a lump sum of $100,784.26, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on November 15, 2019. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice.

Theory of causation field:
Petitioner Angela Chambers received an influenza vaccine on October 8, 2014, and alleged immediate pain and subsequent limited motion in her right shoulder, with residual effects lasting more than six months. The respondent denied that the flu vaccine caused the alleged injury. The parties filed a joint stipulation agreeing to a settlement. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation, resulting in a lump sum award of $100,784.26. Chief Special Master Brian H. Corcoran issued the decision on November 15, 2019. Petitioner's counsel was Joseph Alexander Vuckovich, and respondent's counsel was Lisa Ann Watts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00120-0
Date issued/filed: 2019-11-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/09/2019) regarding 50 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-00120-UNJ Document 54 Filed 11/15/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0120V
Filed: October 9, 2019
UNPUBLISHED
ANGELA CHAMBERS,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH
Related to Vaccine Administration
AND HUMAN SERVICES,
(SIRVA)
Respondent.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Corcoran, Chief Special Master:
On January 26, 2017, Angela Chambers (“petitioner”) 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 immediate
pain and subsequent limited motion in her right shoulder caused by an adverse reaction
to the influenza (“flu”) vaccine. Petition at 1-2; Stipulation, filed October 9, 2019, at ¶¶
4, 6. Petitioner further alleges that she suffered the residual effects of these injuries for
more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that the flu
vaccine caused petitioner’s alleged right shoulder injury, adverse reaction to
vaccination, or any other injury, and further denies that petitioner’s current disabilities
are sequelae of a vaccine-related injury.” Stipulation at ¶ 6.
1 I intend 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, I agree that the identified
material fits within this definition, I will redact such material from public access. Because this unpublished
decision 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).
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 subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:17-vv-00120-UNJ Document 54 Filed 11/15/19 Page 2 of 7
Nevertheless, on October 9, 2019, 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 the decision of the Court in 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 $100,784.26, 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 § 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.
2

Case 1:17-vv-00120-UNJ Document 54 Filed 11/15/19 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANGELA CHAMBERS, )
) ECF
Petitioner, )
)
V. ) No. 17-120V
) Chief Special Master
SECRETARY OF HEALTH AND HUMAN ) Nora Beth Dorsey
SERVICES, )
)
_______________
Respondent. )
)_
STIPULATION
The parties hereby stipulate to the following matters:
I. Angela Chambers ("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 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. § I00.3(a).
2. Petitioner received a flu vaccine in her right deltoid on October 8, 2014.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered immediate pain and subsequent limited motion in
her right shoulder caused by an adverse reaction to the flu vaccination. Petitioner further alleges
that she suffered the residual effects of these injuries 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 of her condition.

Case 1:17-vv-00120-UNJ Document 54 Filed 11/15/19 Page 4 of 7
6. Respondent denies that the flu vaccine caused petitioner's alleged right shoulder
injury, adverse reaction to vaccination, or any other injury, and further denies that petitioner's
current disabilities are 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 ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$100.784.26 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 ofj udgment 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.
l 0. 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 S(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 prepaid basis.
2

Case 1:17-vv-00120-UNJ Document 54 Filed 11/15/19 Page 5 of 7
11. 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, 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 of 42 U.S.C. § 300aa-15(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, and 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 United States Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-lO 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 vaccine administered on
Octobe~ 8, 2014, as alleged by petitioner in a petition for vaccine compensation filed on January
26, 2017, in the United States Court of Federal Claims as petition No. l 7-l 20V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:17-vv-00120-UNJ Document 54 Filed 11/15/19 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity with a decision that is in complete conformity with the tenns 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 otheiwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or,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 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 flu vaccine caused petitioner's alleged right
shoulder injury, adverse reaction to vaccination, or any other injury, or that her current
disabilities are sequelae of an alleged vaccine-related injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
I
END OF STIPULATION
I
4

Case 1:17-vv-00120-UNJ Document 54 Filed 11/15/19 Page 7 of 7
Respectfully submitted,
PETITIONER:
ez~~~
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
.JOSEPA. ESQ.
VUCKOVICH
MAGLIO CHR[STOPHER & TOALE, P.A. ~gw.,-0.irector
1775 Pennsylvania Ave., N.W. Torts Branch
Suite 225 Civil Division
Washington, DC 20006 U. S. Department of Justice
Tel: (888) 952-5242 P. 0. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEAL TH AND RESPONDENT:
HUMAN SERVICES:
•
TAMARA OVERBY
Acting Director, Division of Injury Seni r Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 11 C-26 Washington, DC 20044-0146
Rockville, M 20857 Tel: (202) 616-4099
/0
'J
DATE:
5