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UNPUBLISHED 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 of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

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; see Petition 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 denies that her current condition current 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 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. 

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). 

CORRECTED
2

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 in the attached Stipulation, I award the following 

compensation: 

A lump sum of $90,000.00 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. 
IN THE UNITED STA TES 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 

of a 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 

("SlRV A") 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 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 on her behalf as a result of her alleged ~jury. 

6. Respondent denies that petitioner sustained a SIRVA Table injury: denies that the 

vaccine caused petitioner's alleged shoulder ~~1ry, or any other injury; and denies that her 

current condition is a sequela of a 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 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)(l), the Secretary of Health 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 can reasonably be 

2 
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 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 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), su~ject 

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 unreimbursable 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), andsu~ject to the conditions of 42 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 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 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 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 

3 
States Court of Federal Claims as petition No. 19-653V. 

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. 

16. This Stipulation expresses a full and complete negotiated settlement of liability 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 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 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 of petitioner hereunder shall apply equally to petitioner's 

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

END OF STIPULATION 

4 
Respectfully submitted, 

PETITIONER: 

ATIORNEY OF RECORD FOR 

PETITIONER: 

~ ·~ CLAY 

~ 

RAGSDALE ::L.L.C. 

517 Beacon Parkway West 

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 of Injury 

Compensation Pr~ 

Heah:hcare Systems Bureau 

Heahh Resources and Services 

Administration 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane, 08N 146B 

Rockville, MD 20857 

Dated: OS I , I lzPz I 

5 

AUTHORIZED REPRSENTA TIVE 

OF THE ATIORNEY GENERAL: 

~~~-Pe~ 

HEATHER L. PEARLMAN 

Acting Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O.Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEYOFRECORDFOR 

RESPONDENT: 

~~v~ 

JAMES 

o. P+1 

V. LOPEZ 

~~ L{7( ~ 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O.Box 146 

Benjamin FrankJin Station 

Washington, DC 20044-0146 

Tel: (202) 616-3655 

Email: james.1ope7@usdoj.gov