In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-220V

Filed: August 27, 2015

Unpublished

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

DOROTHY KEEGAN, *

*

Petitioner, * Joint Stipulation on Damages;

* Tetanus-Diphtheria-acellular Pertussis

* (Tdap) Vaccine; Shoulder Injury Related

SECRETARY OF HEALTH * to Vaccine Administration (SIRVA);

AND HUMAN SERVICES, * Special Processing Unit

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

Diana Stadelnikas Sedar, Esq., Maglio Christopher & Toale, PA, Sarasota, FL, for 

petitioner.

Christine Becer, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Vowell, Chief Special Master:

On March 4, 2015, Dorothy Keegan 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” or “Program”]. Petitioner alleges that she suffered a shoulder injury 

resulting from the tetanus-diphtheria-acellular pertussis [“Tdap”] vaccine she received 

on October 11, 2013. Petition, ¶¶ 1, 9, 11; see also Stipulation, filed Aug. 27, 2015, ¶¶ 

2, 4. Petitioner further alleges that she experienced the residual effects of her injury for 

more than six months and continues to suffer from shoulder pain. Petition, ¶¶ 9, 12. 

“Respondent denies that the Tdap vaccine caused petitioner to suffer a shoulder injury

or any other injury.” Stipulation, ¶ 6.

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post it on the United States Court of Federal Claims' website, in accordance with the E-Government 

Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 

note (2006)). 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 (2006).
2

Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On 

August 27, 2015, the parties filed a joint stipulation agreeing to settle this case and 

describing the settlement terms. 

Respondent agrees to pay petitioner a lump sum of $42,000.00 in the form of a 

check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for 

all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. 

I adopt the parties’ stipulation attached hereto, and award compensation in the 

amount and on the terms set forth therein. 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

s/Denise K. Vowell

Denise K. Vowell

Chief Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing 

the right to seek review by a United States Court of Federal Claims judge.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________

)

DOROTHY KEEGAN, )

)

)

Petitioner, )

) No. 15-220V

v. ) Chief Special Master Vowell

) ECF

SECRETARY OF HEALTH AND ) 

HUMAN SERVICES, )

)

Respondent. )

____________________________________) 

STIPULATION

The parties hereby stipulate to the following matters:

1. Dorothy Keegan, 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 a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine, which vaccine is contained in 

the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).

2. Petitioner received her Tdap immunization on October 11, 2013. 

3. The vaccination was administered within the United States.

4. Petitioner alleges that she suffered a shoulder injury as a result of receiving the Tdap

vaccine.

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.

6. Respondent denies that the Tdap vaccine caused petitioner to suffer a shoulder injury

or any other injury. 
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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-21(a)(1), the Secretary of Health and Human Services will issue 

the following vaccine compensation payment:

A lump sum of $42,000.00 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)(1), 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 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 

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 of this Stipulation and any amounts awarded 

pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa15(i), subject to the availability of sufficient statutory funds.
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 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-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 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 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 petitioner resulting 

from, or alleged to have resulted from, the Tdap vaccination administered on October 11, 2013, 

as alleged by petitioner in a petition for vaccine compensation filed on or about March 4, 2015, 

in the United States Court of Federal Claims as petition No. 15-220V.

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 conformity with the terms of this Stipulation, then the parties’ 

settlement and this Stipulation shall be voidable at the sole discretion of either party.
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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 

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 Tdap vaccine caused petitioner to suffer a 

shoulder injury or any other injury.

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

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

END OF STIPULATION

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