VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00484
Package ID: USCOURTS-cofc-1_20-vv-00484
Petitioner: Virginia Flanagan
Filed: 2020-04-22
Decided: 2022-06-14
Vaccine: influenza
Vaccination date: 2018-09-10
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 28000

AI-assisted case summary:
On April 22, 2020, Virginia Flanagan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) following receipt of an influenza vaccine on September 10, 2018. The petition further alleged that Mrs. Flanagan experienced residual effects of the injury for more than six months. Upon Mrs. Flanagan's death, her husband, Donald Flanagan, as personal representative of her estate, was substituted as the petitioner. The respondent denied that Mrs. Flanagan sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury, any other injury, or her subsequent death. The parties, represented by Leigh Finfer of Muller Brazil, LLP for the petitioner and Lara Ann Englund of the U.S. Department of Justice for the respondent, filed a joint stipulation on April 26, 2022. In this stipulation, they agreed that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. He awarded a lump sum of $28,000.00, payable to Donald Flanagan as the legal representative of the estate of Virginia Flanagan. This amount was designated as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The stipulation stated that it represented a full and complete negotiated settlement of liability and damages, and it explicitly noted that it was not an admission by the United States or the Secretary of Health and Human Services that Mrs. Flanagan sustained a SIRVA Table injury or that the flu vaccine caused any injury or her death. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments Mrs. Flanagan underwent. It also does not name any medical experts who provided opinions in this case.

Theory of causation field:
Petitioner alleged that Virginia Flanagan sustained a left shoulder injury related to vaccine administration (SIRVA) following receipt of an influenza vaccine on September 10, 2018, and experienced residual effects for more than six months. Respondent denied a SIRVA Table injury and causation. The parties settled via joint stipulation, agreeing to an award of $28,000.00 as a lump sum to the estate of Virginia Flanagan. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision on June 14, 2022. The stipulation stated that it was not an admission of liability by the respondent. The public text does not specify the medical mechanism of injury or name any experts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00484-0
Date issued/filed: 2022-06-14
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/26/2022) regarding 43 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00484-UNJ Document 47 Filed 06/14/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0484V
UNPUBLISHED
DONALD FLANAGAN, personal Chief Special Master Corcoran
representative of ESTATE OF
VIRGINIA FLANAGAN, Filed: April 26, 2022
Petitioner, Special Processing Unit (SPU); Joint
v. Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND Related to Vaccine Administration
HUMAN SERVICES, (SIRVA)
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 22, 2020, Virginia Flanagan (“Mrs. Flanagan”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Upon her death, her husband Donald Flanagan
(“Petitioner”), as personal representative of her estate, was substituted as petitioner
herein. The petition alleges that Mrs. Flanagan suffered a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of receipt of an influenza (“flu”) vaccine on
September 10, 2018. Petition at 1; Stipulation, filed at April 26, 2022, ¶¶ 2-4. The petition
further alleges that Mrs. Flanagan’s injuries lasted longer than six months. Petition at 3;
Stipulation at ¶ 4. Respondent “denies that Mrs. Flanagan sustained a SIRVA Table
injury; and denies that the flu vaccine caused Mrs. Flanagan’s alleged shoulder injury,
any other injury, or her subsequent death.” 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00484-UNJ Document 47 Filed 06/14/22 Page 2 of 8
Nevertheless, on April 26, 2022, 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 $28,000.00, in the form of a check payable to Petitioner as
legal representative of the estate of Virginia Flanagan. 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 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 1:20-vv-00484-UNJ Document 47 Filed 06/14/22 Page 3 of 8
-·
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DONALD R. FLANAGAN, )
personal representative of the estate of )
VIRGINIA FLANAGAN, )
)
Petitioner, )
)
v. ) No. 20-484V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEAL TH AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Virginia Flanagan ("Mrs. Flanagan'') filed a petition for vaccine compensation under
the National Vaccine 11\iury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program''). Upon her death, her husband Donald R. Flanagan ("petitioner"), as personal
representative of her estate, was substituted as petitioner herein. The petition seeks
compensation for injuries allegedly related to Mrs. Flanagan's receipt oft he influenza ("flu")
vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3
(a).
2. Mrs. Flanagan received a flu vaccine on or about September 10, 2018.1
3. The vaccine was administered within the United States.
4. Petitioner alleges that Mrs. Flanagan sustained a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table following administration
1 Mrs. Flanagan also received a pneumococcal polysaccharide vaccine on the same day.
Pneumococcal polysaccharide vaccines are not contained in the Table.

Case 1:20-vv-00484-UNJ Document 47 Filed 06/14/22 Page 4 of 8
of the flu vaccine. He 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 Mrs. Flanagan's condition or her death.
6. Respondent denies that Mrs. Flanagan sustained a SIRVA Table injury; and denies
that the flu vaccine caused Mrs. Flanagan's alleged shoulder injury, any other injury, or her
subsequent death.
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-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $28,000.00 in the fonn of a check payable to petitioner as legal
representative of the estate of Virginia Flanagan. 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.
10. Petitioner and his attorney represents that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
2

Case 1:20-vv-00484-UNJ Document 47 Filed 06/14/22 Page 5 of 8
under 42 U.S.C. § 300aa-1S(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
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-l S(i), subject
to the availability of sufficient statutory funds.
12. Petitioner represents that he presently is, or within 90 days oft he date ofj udgment
will become, duly authorized to serve as the legal representative of Mrs. Flanagan's estate under
the laws of the State of Kansas. No payments pursuant to this Stipulation shall be made until
petitioner provides the Secretary with documentation establishing petitioner's appointment as
legal representative of Mrs. Flanagan's estate. If petitioner is not authorized by a court of
competent jurisdiction to serve as legal representative of the estate of Mrs. Flanagan at the time a
payment pursuant to this Stipulation is to be made, any such payment shall .be paid to the party or
parties appointed by a court of competent jurisdiction to serve as legal representative of the
estate of Mrs. Flanagan upon submission of written documentation of such appointment to the
Secretary.
13. In retum for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity and as personal representative of Mrs. Flanagan's estate, on his own behalf:
and on behalf oft he estate of Mrs. Flanagan, and 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 of
action (including agreements. judgments, claims, damages, loss of services, expenses and all
3

Case 1:20-vv-00484-UNJ Document 47 Filed 06/14/22 Page 6 of 8
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 Mrs.
Flanagan resulting from, or alleged to have resulted from, the vaccinations administered on
September 10, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or
about April 22, 2020, in the United States Court of Federal Claims as petition No. 20-484V.
14. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or ift he 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.
15. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine htjury 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
amount of damages, and :further that a change in the items of compensation sought, is not
grounds to modify or revise this agreement.
16. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that Mrs. Flanagan sustained a SIRVA Table injury; or
that the flu vaccine caused any other injury or her death.
4

.
-
Case 1:20-vv-00484-UNJ Document 47 Filed 06/14/22 Page 7 of 8
17. All rights and obligations of petitioner hereunder in bis capacity.as·personal . .·: ·
representative of Mrs. Flanagan's estate, shall apply equally to petitioner's heirs, executors,
administrators, successors, and/or assigns.
END OF STIPULATION ..
- ··. -- .. -- ------ . "·'--~ .-~- - ,... __ ·- --- --
,
. : .
..
:
~
,.
•, :_-. . ·-··
•. i•.
5

Case 1:20-vv-00484-UNJ Document 47 Filed 06/14/22 Page 8 of 8
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE Al TORNEY GENERAL:
~ ,Jdl~.e~
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:
George R. Digitally signed by George R. ~ Cl \l\- VV'c;v-1~
Grlmes-S14
Grimes -S14 Date: 2022.04.06 18:10:03 ~¢-e~LreC>...AJV---.
.04·00·
CDR GEORGE REED GRIMES. MD, MPH LARA A. ENGLUND
Director. Division of Assistant Director
Injury Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington. DC 20044-0146
5600 Fishers Lane. 08N 1468 (202) 307-3013
Rockville, MD 20857 lara.a.englund~usdoj.gov
0'1 /u,/tot-L
Dated:
6