VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01566
Package ID: USCOURTS-cofc-1_19-vv-01566
Petitioner: Angelia Keil
Filed: 2019-10-09
Decided: 2021-07-06
Vaccine: influenza
Vaccination date: 2018-01-11
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Angelia Keil filed a petition for compensation on October 9, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 11, 2018. Ms. Keil contended that her injury met the Table definition for SIRVA or, alternatively, was caused-in-fact by the vaccine. She further alleged that she experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Keil sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these opposing positions, the parties filed a joint stipulation on July 6, 2021, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Ms. Keil was awarded a lump sum of $15,000.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Zoe Wade of the U.S. Department of Justice. The decision was issued on July 6, 2021, and posted on August 6, 2021.

Theory of causation field:
Petitioner Angelia Keil alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 11, 2018. She claimed the injury met the Table definition for SIRVA or was otherwise caused-in-fact by the vaccine, with residual effects lasting more than six months. Respondent denied the alleged injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $15,000.00 as compensation for all damages. The stipulation represents a compromise of the parties' respective positions on liability and damages. Petitioner was represented by Maximillian J. Muller, and Respondent by Zoe Wade. The decision date was July 6, 2021.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01566-0
Date issued/filed: 2021-08-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/06/2021) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01566-UNJ Document 29 Filed 08/06/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1566V
UNPUBLISHED
ANGELIA KEIL, Chief Special Master Corcoran
Petitioner, Filed: July 6, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 9, 2019, Angelia Keil 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 left shoulder injury related to vaccine
administration (“SIRVA”) which meets the Table definition for SIRVA or which, in the
alternative, was caused-in-fact by the influenza vaccine she received on January 11,
2018. Petition at 1, ¶¶ 2, 10; see Stipulation, filed July 6, 2021 at ¶¶ 1-2, 4. Petitioner
further alleges that she received the vaccine in the United States, that she suffered the
residual effects of her SIRVA for more than six months, and that neither she nor any other
party has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 2, 10-
12; see Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA
Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any
other injury; and denies that her current condition is a sequela of a vaccine-related injury.”
Stipulation at ¶ 6.
1 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). 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.
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 1:19-vv-01566-UNJ Document 29 Filed 08/06/21 Page 2 of 7
Nevertheless, on July 6, 2021, 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 $15,000.00 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.
2

Case 1:19-vv-01566-UNJ Document 29 Filed 08/06/21 Page 3 of 7
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANGELIA KEIL, )
) No. 19-1566 ECF
Petitioner, )
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Angelia Keil ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine htjury Compensation Program. 42 U.S.C. § 300aa-lO to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza f'tlu") 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 January 11, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injwy related to vaccine administration
("SIRVA") within the tin1e period set forth 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.

Case 1:19-vv-01566-UNJ Document 29 Filed 08/06/21 Page 4 of 7
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 alleged injury.
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 scqucla 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 terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)()), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $15,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available W1der 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and a ftcr
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 incWTed in proceeding upon this
petition.
I 0. Petitioner and her 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
2

Case 1:19-vv-01566-UNJ Document 29 Filed 08/06/21 Page 5 of 7
expected to be made under any 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 by entities that provide health services on a pre-paid basis.
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 attorney's fees and litigation costs, and past unreimbursablc 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-15(g) and (h).
13. In rctum 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 w1conclitionally 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-l0 et seq., on accowlt 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 January 11, 2018, as
alleged in a petition for vaccine compensation filed on or about October 9, 2019, in the United
3

Case 1:19-vv-01566-UNJ Document 29 Filed 08/06/21 Page 6 of 7
States Court of Federal Claims as petition No. 19-1566V.
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 Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confom1ity with the tem1S 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 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
amoWlt of damages, and further, that a change in the natw-e 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 injury or
any other injury or her current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:19-vv-01566-UNJ Document 29 Filed 08/06/21 Page 7 of 7
Respectfully submitted,
PETITIONER:
~~a
ANGEUKEIL
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
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MAXIMILLIAN J. MULLER HEATHER L. PEARLMAN=-=--..;. ~
MULLER BRAZIL, LLP Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
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TAMARA OVERBY ZOER. WADE
Acting Director. Division of Injury Trial Attorney
Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
Health Resources and Services Admitmtration U.S. Department of Justice
U.S. Department of Health and Hwnan Services P.O. Box 146
5600 Fishers Lane, 08N 146B Benjamin Franklin Station
Rockville, MD 20857 Washington, DC 20044-0146
(202) 616-4118
Dated: 0 ·::;, / 0 b f2 oz._ /
5