# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0422V UNPUBLISHED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 Just ice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 

### 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 petitio ner 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1 Because this unpublished Decision contains a reason ed explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' we bsite in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (201 2) (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 daysto 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 awardi ng 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 Ap pendix 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 ofthe 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 ofthis injury for more than six months
. 5. Petitioner represents that there has been no prior award or settlement ofa civil action for damages on her behalf as a result ofher 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 ofthis Stipulation. 8
. As soon as pract icable 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-2 l(a)( 1 ), the Secretary ofHealth and Human Services will issue the following vaccine compensation payment: A lump sum of $40,000
.00 in the form ofa 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 reasonabl e 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 fo r 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 ofthe Social Security Act (42 U.S.C
. § 1396 et s eq . )), or by ent ities that provide health services on a pre-paid basis
.
2

### 11. Payment made pursuant to paragraph 8 ofthis Stipulation and any amounts awarded pursuant to paragraph 9 ofthis 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 ofpetitioner as contemplated by a strict construction of42 U.S.C
. § 

### 300aa-15(a) and (d), and subject to the conditions of42 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 behalfofher 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 ofaction (including agreements, judgments, claims, damages, loss ofservices, 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-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 ofpetitioner 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 ofFederal Claims as petition No. 20-422V. 14. Ifpetitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalfofeither or both ofthe parties
.



### 315. Ifthe special master fails to issue a decision in complete conformity with the tenns ofthis Stipulation or ifthe Court ofFederal 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 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 ofthe parties' respective positions as to liability and/or amount ofdamages, and further, that a change in the nature ofthe 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 Olg ltallyslg n edbyGeorgeR. G rl mes-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 Admi nistration 

### 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?~- ----- HEATHER 

### L. PEARLMAN Deputy Director Torts Branch, Civil Division 

### U.S. Department 

### ofJustice P.O. 

### Box 146 

### Benjamin Franklin Station Washington, DC 20044

-0146 

### ATTONEY OF RECORD FOR RESPONDENT: 

# k-c:JvL 

# l**~** 

# ~d~LP~ 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@usdo j .gov (202) 616-4208