# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-653V UNPUBLISHED DELINDA SMITH, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: May 13, 2021 Special Processing Unit (SPU); Joint Stipulation on Damages; Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Milton Clay Ragsdale, IV, Ragsdale, LLC, Birmingham, AL, for petitioner. James Vincent Lopez, U.S. Department ofJustice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION 1 

### On May 2, 2019, Delinda Smith 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 Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of her May 2, 2017 Pneumococcal Conjugate (Prevnar 13) vaccination. Petition at 1; Stipulation, filed at May 11, 2021, ¶¶ 2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; seePetition at ¶¶10, 14. “Respondent denies that petitioner sustained a Table SIRVA injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and deniesthat her current condition current is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.

1Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 EGovernment 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. 2National 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). CORRECTED2 

### Nevertheless, on May 11, 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 inthe attached Stipulation, I awardthe following compensation: A lump sum of $90,000.00 in the formof 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

3Pursuant 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
DELINDA SMITH, Petitioner,
V. No. l9-653V Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
STIPULATION The parties hereby stipulate to the following matters: 1. Delinda Smith ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 

### § 300aa-l0 to 34 (the ''Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt ofa pneumococcal conjugate ("Prevnar 13") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 

### § 100.3(a) 2. Petitioner received a Prevnar 13 vaccine on May 2, 2017. 3. The vaccines were administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SlRVA") within the time period set forth in the Table, or in the alternative, that her alleged shoulder injury was caused by the vaccinations. She further alleges that she experienced the residual effects ofthis condition 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 ofher alleged ~jury. 6. Respondent denies that petitioner sustained a SIRVA Table 

### injury: denies that the vaccine causedpetitioner's alleged shoulder ~~1ry, or any other injury; and denies that her current condition is a sequela ofa vaccine-related 

### ii1iury. 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 descnbed in paragraph 8 ofthis Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms ofthis Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S
.C
. 

### § 300aa-2l(a)(l), the Secretary ofHealth and Human Services will issue the following vaccine compensation payment: A lump sum of 

### $90,000.00 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-2l(a)( I), 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.LO. 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 canreasonably be
2expected 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 ct 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 ofthis Stipulation will be made in accordance with 42 U.S.C. 

### § 300aa-15(i), su~ject to the availability ofsufficient 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 unreimbursable expenses, the money provided pursuant to this Stipulation will 

### be used solely for the benefit of petitioner as contemplated by a strict construction of42 U.S.C. 

### § 300aa-15(a) and (d), andsu~ject to the conditions of42 U.S.C. § 300aa

- 15(g) and (h). 13. 

### In return for the payments descnbed in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assibms, docs 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 ofaction (including agreements, judgments, claims, damages, loss of services, expenses and all demands ofwhatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court ofFederal Claims, under the National Vaccine Injury Compensation Program, 42 U
.S.C. 

### § 300aa-L0 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 ofpetitioner resulting from, or alleged to have resulted from, the Prevnar 13 vaccine administered on May 2, 2017, as alleged in a petition for vaccine compensation filed on or about May 2, 2019, in the United
3States Court of Federal Claims as petition No. 19-653V
. 14. Ifpetitioner should die prior to entry of judgment, 

### this agreement shall 

### be voidable upon proper notice to the Court on behalf of either or both ofthe parties. 15. Ifthe special master fails to issue a decision 

### in complete conformity with the terms ofthis Stipulation or ifthe Court of Federal Claims fails to enterjudgment in conformity with a decision that is in complete conformity with the terms ofthis Stipulation, then the parties' settlement and this Stipulation shall 

### be voidable at the sole discretion ofeither party. 16. This Stipulation expresses a full and complete negotiated settlement ofliability and damages claimed under the National Childhood Vaccine 

### In,~rry Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part ofthe parties hereto to make any payment or to do any actor 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 ofthe parties• respective positions as to liability and/or amount ofdamages, and further, that a change in the nature of the 

### injury or condition or in the items ofcompensation 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 Prevnar 13 vaccine caused petitioner's alleged injury or any other 

### ~~rry or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION
4

### Respectfully submitted, PETITIONER:

ATIORNEY OFRECORD FOR PETITIONER:


# ·~**~**

# ~ CLAY RAGSDALE 

# ::L.L.C. 517 Beacon 

### ParkwayWest 

### Birmingham, Alabama 35209 Tel: 205-290-6800 c1ay@ragsdaJeDc.com

AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES:

# ~~~~~, z;,t(S~,tf,1, Acting Director, Division ofInjury

Compensation Pr~ 

### Heah:hcare Systems 

### Bureau Heahh Resources and Services



### Administration U.S. 

### Department ofHealth

and Human 

### Services 5600 Fishers Lane, 08N146B Rockville, MD 20857

Dated: 

## OS

# I, I

# lzPz I

5 AUTHORIZED REPRSENTATIVE OF THE ATIORNEY GENERAL:

# ~~~-Pe~ HEATHER L. PEARLMAN 

### Acting Deputy Director Torts Branch Civil Division U.S. 

### Department ofJustice P.O.Box 146 

### Benjamin Franklin Station Washington, DC 20044-0146
ATTORNEYOFRECORDFOR RESPONDENT:

## ~~v~ 

# o. P+1**~~** 

## L{7(**~** JAMES V. LOPEZ Trial 

### Attorney Torts Branch, Civil Division U.S. 

### Department ofJustice P.O.Box 146 

### Benjamin FrankJin Station Washington, DC 

### 20044-0146 Tel: (202) 616-3655 Email: james.1ope7@usdoj.gov