In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0422V

UNPUBLISHED

RONNIE LACEY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 30, 2022

Special Processing Unit (SPU); Joint 

Stipulation on Damages; 

Pneumococcal Conjugate Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

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

Petitioner.

Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On April 13, 2020, Ronnie Lacey 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 left shoulder injuries related to vaccine 

administration (“SIRVA”) resulting from adverse effects of a pneumococcal conjugate 

(“PCV13”) vaccine received on March 27, 2019. Petition at 1; Stipulation, filed March 29, 

2022, at ¶¶ 1-4. Petitioner further alleges the vaccine was administered in the United 

States, she experienced the residual effects of this injury for more than six months, and 

there has been no prior award or settlement of a civil action for damages on her behalf 

as a result of her alleged injuries. Petition at ¶¶ 1, 10-11; Stipulation at ¶¶ 3-5.

“Respondent denies that petitioner sustained the onset of a SIRVA Table injury within the 

Table timeframe and further denies that the PCV13 vaccine caused petitioner’s alleged 

left shoulder injury, any other injury, or her current condition.” 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

Nevertheless, on March 29, 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 $40,000.00 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 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.
Jn tbe llniteb ~tates ~ourt of jf eberal ~laims 

OFFICE OF SPECIAL MASTERS 

RONNIE LACEY, 

Petitioner, 

v. 

Case No. 20-422V (ECF) 

CHIEF SPECIAL MASTER 

CORCORAN 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

Respondent. 

STIPULATION 

The parties hereby stipulate to the following matters: 

l. Ronnie Lacey, 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 the pneumococcal conjugate ("PCV13") vaccine, which is a vaccine contained in the Vaccine 

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

2. Petitioner received the vaccine on March 27, 2019. 

3. The vaccination was administered within the United States. 

4. Petitioner alleges that she sustained a left shoulder injury related to vaccine 

administration ("SIRVA") within the Table time period after receiving the PCV 13 vaccine, and 

alleges that she experienced the residual effects of this injury 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 injuries. 
6. Respondent denies that petitioner sustained the onset of a SIRVA Table injury 

within the Table timeframe and further denies that the PCV13 vaccine caused petitioner's 

alleged left shoulder injury, any other injury, or her current condition. 

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-2 l(a)( 1 ), the Secretary of Health and Human 

Services will issue the following vaccine compensation payment: 

A lump sum of $40,000.00 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 in this case, and after petitioner 

has filed both a proper and timely election to receive compensation pursuant to 

42 U.S.C. § 300aa-2 l (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 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. 

2 
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. § 300aa-l 5(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, 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 PCV13 vaccination administered on March 27, 2019, 

as alleged by petitioner in a petition for vaccine compensation filed on or about April 13, 2020, 

in the United States Court of Federal Claims as petition No. 20-422V. 

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. 

3 
15. If the special master fails to issue a decision in complete conformity with the 

tenns 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 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 PCV 13 vaccine caused petitioner's alleged left 

shoulder injury or any other injury or her current condition. 

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, 

Counsel for Pett 1oner 

Law Offices of Leah V. Durant, PLLC 

1717 K Street NW, Suite 900 

Washington, DC 20006 

ldurant@durantllc.com 

(202) 775-9200 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

George R. Grimes OlgltallyslgnedbyGeorgeR. 

Grlmes-514 -S 14 Date:2022.03.16 10:58:04 -04'00' 

CDR GEORGE REED GRIMES, MD, MPH 

Director, Division oflnjury 

Compensation Programs 

Health Systems Bureau 

Health Resources and 

Services Administration 

U.S. Department of Health and 

Human Services 

5600 Fishers Lane, 08Nl46B 

Rockville, MD 20857 

Dated: 03 / 15t lw1.Z..., 

5 

AUTHORIED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

'.Jle~\L?~- ----- HEA THER L. PEARLMAN 

Deputy Director 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTONEY OF RECORD FOR 

RESPONDENT: 

k-c:JvL 

~d~LP~ 

l ~ 

MARK K. HELLIE 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

mark.hellie@usdoj.gov 

(202) 616-4208