In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-864V

Filed: September 6, 2018

UNPUBLISHED

LINDSEY KUENG,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Tetanus 

Diphtheria acellular Pertussis (Tdap) 

Vaccine; Shoulder Injury Related to 

Vaccine Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On June 26, 2017, petitioner filed a petition for compensation under the National 

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

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(the “Vaccine 

Act”). Petitioner alleges that that she suffered a right shoulder injury related to vaccine 

administration (“SIRVA”), which was caused by administration of the tetanus, diphtheria, 

acellular-pertussis (“Tdap'”) vaccine she received on May 21, 2016. Petition at 1; 

Stipulation, filed September 6, 2018, at ¶¶ 2, 4. Petitioner further alleges that she 

suffered the residual effects of her injuries for more than six months. Petition at 3; 

Stipulation at ¶ 4. “Respondent denies that the Tdap vaccine caused petitioner’s 

alleged right SIRVA, or any other injury, and further denies that petitioner’s current 

disabilities are sequelae of a vaccine related injury.” Stipulation at ¶ 6. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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, the undersigned agrees that the identified material fits 

within this definition, the undersigned 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).
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Nevertheless, on September 6, 2018, 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 terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $80,098.71 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 42 U.S.C. § 300aa-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 

LINDSEY KUENG, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

No. 17-864V 

ChiefSpecial Master Dorsey 

ECF-SPU 

STIPULATION 

The parties hereby stipulate to the following matters: 

I. Lindsey Kueng ("petitioner") filed a petit�on 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 tetanus, diphtheria, acellular-pertussis ("Tdap'') vaccine, which vaccine is contained in the 

Vaccine I11jury Table (the "Table"),42 C.F.R. § 100.3(a). 

2. Petitioner received a Tdap vaccine in her right deltoid on or about May 21, 2016. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that she suffered a right shoulder injury related to vaccine 

administration ('�SIRVA"), which was caused by administration of the Tdap vaccine. Petitioner 

further alleges that she suf

ed the residual effects of her 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. 

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6. Respondent denies that the Tdap vaccine caused petitioner's alleged right SIRVA, or 

any other injury, and further denies that petitioner's current disabilities are sequelae ofa vaccinerelated 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 saon as ptacticable after an entry of judgment reflecting a decision consistent with 

the ter.ms 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 $80,098. 71 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 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 attomey represent that they have identified to respondent all 

known sources of payment for items or servicesforwhich the Program is not primarily liable 

under 42 U.S.C. § 300aa-15(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. 

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•, 

11. Payment made pursuant to paragraph. 8, and any amounts awarded pursuant to 

paragraph 9 ofthis Stipulation, il

 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, the money provided pursuant to this Stipulation wil

 be 

used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. 

§ 300aa·15(a):ana (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 ?fHealth and Human Services from any and all actions or causes o� action 

(including agreements, judgments, claims, damages, loss of services, expenses and all demands 

of whatever kind. or natute) 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. § :lOOaa-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 Tdap vaccine administered on 

May 21, 2016, as alleged by petitioner in a petitiqn for vaccine compensation filed on June 26, 

2017, in the United States Court.of Federal Claims as petition No. 17-864V. 

14. If petitioner should die prior to entry ofjudgment, 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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confonnity with a decision that is in complete confonnity 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 do any act or thin,g 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 ot revise this agreement. 

17. This Stipulation shal

 not be construed as an admission by the United States or the 

Secretary of Health and Human ServiGes that the Tdap vaccine caused petitioner's alleged right 

SIRV A1 or any gther injury, or that her currert

 disabilities are sequelae of her alleged vaccine-

. related injury. 

18. All rights and obligations of petitigner hereunder shall apply equally to petitioner's 

heirs, executors, administrators, successors, and/or assigns. 

I 

END OF STIPULATION 

I 

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Respectfully submitted, 

PETITIONER:. 

ATTORNEY OF RECORD FOR 

PETITIONER: 

LEAH V. DURANT, ESQ. 

1717 K Street, NW, Suite 900 

Washington, DC 20006 

Tel: (202) 775-9200 

AUTHORIZED REPRESENTATIVE OF 

THE SECRET ARY OF HEALTH AND 

HUMAN SERVICES: 

M AJa:a NARAY:rM.D . 

. Director 

Division of Injury Compensation Programs 

Healthcare Systems Bureau 

Health Resources and Services Administration 

U.S. Department of Health and Human Services 

5600 Fishers Lane 

Parklawn Building, Stop 08N146B 

Rockville, MD 20857 

DATE: I!< I le 

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AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

CATHARINE E. REEVES 

Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P. 0. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

Senior Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P. 0. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4099