VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01385
Package ID: USCOURTS-cofc-1_18-vv-01385
Petitioner: Linda Gardner
Filed: 2018-09-11
Decided: 2020-03-03
Vaccine: influenza
Vaccination date: 2016-11-09
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Linda Gardner filed a petition for compensation under the National Vaccine Injury Compensation Program on September 11, 2018. She alleged that she received an influenza vaccine on November 9, 2016, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the onset of Ms. Gardner's alleged SIRVA occurred within the timeframe specified by the Vaccine Injury Table, denied that the flu vaccine caused her alleged SIRVA or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision. Under the terms of the stipulation, Linda Gardner was awarded a lump sum of $45,000.00 as compensation for all items of damages available under the Vaccine Act. The case was settled as a Table claim for SIRVA. Bruce William Slane represented the petitioner, and Heather Lynn Pearlman represented the respondent. The decision was issued on March 3, 2020, based on a stipulation filed on January 24, 2020.

Theory of causation field:
Petitioner Linda Gardner filed a petition alleging SIRVA following an influenza vaccine received on November 9, 2016, with residual effects for over six months. Respondent denied the SIRVA onset was within the Table timeframe, denied the vaccine caused the alleged SIRVA or any other injury, and denied current disabilities were a sequela of a vaccine-related injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding petitioner $45,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The case was settled as a Table claim for SIRVA. Petitioner was represented by Bruce William Slane, and respondent was represented by Heather Lynn Pearlman. The decision date was March 3, 2020, based on a stipulation filed January 24, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01385-0
Date issued/filed: 2020-03-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/24/2020) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01385-UNJ Document 41 Filed 03/03/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1385V
UNPUBLISHED
LINDA GARDNER, Chief Special Master Corcoran
Petitioner, Filed: January 24, 2020
v.
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On September 11, 2018, Linda Gardner 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 shoulder injury related to vaccine
administration (“SIRVA”) due to an influenza (“flu”) vaccine she received on November
9, 2016. Petition at 1; Stipulation, filed January 24, 2020, at ¶ 4. Petitioner further
alleges that she suffered the residual effects of this injury for more than six months.
Petition at 5; Stipulation at ¶ 4. “Respondent denies that petitioner suffered the onset of
her alleged SIRVA within the Table timeframe; denies that the flu vaccine caused
petitioner’s alleged SIRVA or any other injury and further denies that her current
disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
1 Because this unpublished ruling 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 ruling 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.
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 1:18-vv-01385-UNJ Document 41 Filed 03/03/20 Page 2 of 7
Nevertheless, on January 24, 2020, 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 $45,000.00, 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 § 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 1:18-vv-01385-UNJ Document 41 Filed 03/03/20 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LINDA GARDNER, )
)
Petitioner, ) No. 18-1385
) Chief Special Master Corcoran
V. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
-STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Linda Gardner, 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.
§ 100.3 (a).
2. Petitioner received a flu vaccine on or about November 9, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration
("SIRVA") as a consequence of the flu immunization she received on or about November 9, 2016,
and further alleges that she suffered the 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 her behalf as a result of her condition.
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Case 1:18-vv-01385-UNJ Document 41 Filed 03/03/20 Page 4 of 7
6. Respondent denies that petitioner suffered the onset of her alleged SIRVA within the
Table timeframe; denies that the flu vaccine caused petitioner's alleged SIR.VA or any other injury
and further denies that her current disabilities are a sequela 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 S~pulation, 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 $45,000.00, in the fonn of a check payable to pet1t1oner,
representing 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 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 prepai~ basis.
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Case 1:18-vv-01385-UNJ Document 41 Filed 03/03/20 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 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 attorney's fees and litigation costs, 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-15(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-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 or about November 9, 2016, as
alleged by petitioner in a petition for vaccine compensation filed on or about September 11, 2018
in the United States Court of Federal Claims as petition No. 18-1835V.
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.
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
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Case 1:18-vv-01385-UNJ Document 41 Filed 03/03/20 Page 6 of 7
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 otherwise 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 compromis~ of the parties' respective positions as to liability andior
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 SIRVA
or any other injury or any of her current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, andior assigns.
END OF STIPULATION
Page 4 of 5

Case 1:18-vv-01385-UNJ Document 41 Filed 03/03/20 Page 7 of 7
Respeclfully submitted,
PETITIONER:
~~
LIND~ ARDNER '-1
ATTORNEY OF RECORD FOR
PETITIONER:
-
BRUCE W. SLANE E.REEVES
THE LAW OFFICE OF BRUCE W. SLANE, P.C. irector
188 East Post Road, Suite 205 Torts Branch
White Plains, New York 10601 Civil Division
(914) 269-2010 U. S. Department of Justice
P. 0. Box. 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
TAMARA OVERBY HEATHER L. PEARLMAN
Acting Director, Division of Assistant Director
Injury Compensation Programs (DICP) Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
U.S. Department of Health P.O. Box 146
and Human Services Benjamin Franklin Station
5600 Fishers Lane Wac;hington, D.C. 20044-0146
Parklawn Building, Stop-08N 146B Tel: (202) 353-2699
Rockville, MD 20857
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Dated: O/ !Zbz_O
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