# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

No. 17 - 2005 V UNPUBLISHED
MARTHA STANFORD ,

Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran Filed: December 20, 2019 Special Processing Unit (SPU); Joint Stipulation on Damages; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Linda Sara Renzi

, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION 1 

### On December 21, 2017 , Martha Stanford 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 a left shoulder injury related to vaccine administration ( “ SIRVA ” ) as a result of a Tetanus Dip hth eria acellular Pertussis ( “ Tdap ” ) vaccine received on September 24, 2016 . Petition at 1 ; Stipulation , filed December 19, 2019 , at ¶ ¶ 2
- 4

. Petitioner further alleges th e vaccine was administered in the Un ited States, she experienced the res idual effects of this condition for more than six months, and there has bee n no prior award or settlement of a civil action for damages as a res ult of her condition . P etit ion at 1
- 2 ; Stipulation at ¶¶ 3
- 5

. “ Respondent denies that petitioner sustained a SIRVA Table inj ury; and denies that her current condition is a sequelae of a vaccine
- related injury. ” Stipulation at ¶ 6.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the ruling will be available to anyone with access to t he 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 identif ied material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Ac t 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2



### Nevertheless, o n December 19, 2019 , 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 term s stated in the attached Stipulation , I award the following compensation: A lump sum of $ 55, 470.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under § 15 (a). Id

. I approve the requested amount for P etitioner’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.I~ THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL 

### MASTERS
~ARTHA ST ANfORD, Petitioner.
\'. SECRETARY OF HEAi.TH AND HUMAN SERVICES, Rc:spondeot. ) ) ) ) ) ) ) ) ) ) ) No. I 7-2005V C

hief Special Master Brian H

. Corcoran



### STIPULATION The parties hereby stipulat e to 

### the following matter s: I. Martha Stanford, petitioner , filed a petiti on for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C

. §§ 300aa-l0 to-34 (the "Vacc ine Program")

. The petition seeks compensation for i nj urie s allegedly related to petitioner's receipt of the Tetanus-diphtheria-ac:cllular pertussis vaccine (" Tdap"), which vaccine is contained in the Vaccine Injury Table (the "Table''), 42 C.F.R. § I 00.J(a). 2

. Petitioner recei ved a Tdap vaccination un o r about September 24, 2016. 3

. The vaccine was administered within the United States

. 4

. Petitioner alleges that she sustained a SIRVA with in the time period set forth in the Tab l e . She further alleges th a t she experienced the residual effects of thi s condi tion for m o

re than six months

. 5. Petitioner represe nts that the re 

### has been no prior award or settlement of a civil action for damages a s a r esul t of her con dition

. 6
. Respondent denie s 

### that petitioner sustained a SIRVA Table injury ; and den ies that her current condition is n scquelae of a vaccine-related injury.7

. Maintaining their above-stated positions. U1c pan ics 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 prnc tic able after an entry of judgment rctlccting a decision consistent with the terms of this Stipulation , and after petitioner has filed an e lec tion to receive compensation pursuant 10 42 U.S.C. § 30011ll•2l{a)(I ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump su m of $55.4 70.00 in the form of a check payable to pet itione r . This amount represents compensation for all damages that would 

### be available under 42 U.S .C. § 300 aa-15(a ). 9. As soon as pract icabl e after the entry of judgment on enliUcmcnt in this case, and after petitioner has filed both a proper and timely election to rei:eive compensation pur s uant to 42 U.S.C. § 300aa-2 I (aJ(l), and an application, the partie s will submit to further proceedings before the special master to award reasonable attorneys' fees and co st~ i ncurred in proceeding upon t his petition. 10. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C

. § 300aa-15(g) , including Stale compensation programs, insurance policies, Federal or State health benefi ts programs (other than Title XIX of the Social Security Act (42 C.:.S.C. § 1396 el seq.)), or entitiell that provide health ~rvices on a pre - paid ba.'lis. 11

. Payments mode pursuant to paragraph 8 of this Stipu l ation, and any amount awarded pursuant lo paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aal 5(i ), ::iu bjcct to the availability of sufficient statutory funds. 12. The parties and th eir attorneys further agree and stipulate that, except for an y award for attorneys' fees and litigation costs. and past unrcimbursable expenses, the money provided 

### 2pursuant to this Stipulation 

### will be used solely 

### for the benefit of petitioner 

### 11s contemplated by 

### a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 L'.S

.C. § 300aa-15(g) and (h ). 13. In return for lhc payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors. administrators. successors and/or assigns, does forever im:vocably and unconditionally release. acquit and discharge the United States and the Secretary ofllealth and Human Services from any and all actions or causes of 11ction (including agreements, judgments, claims, damages, los.~ of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brough t in the Court of Federal C l aims , under the National Vaccine Injury Compensation Program, 42 U.S

.C. § 300aa-10 et se q., on accoun t of, or in any way growing out of, any and all known or unknown. suspected or unsuspected personal injuries to or death of pt:titioner resulting from, or alleged to have resulted from, the Tdap vaccination administered on
or about September 24, 2016 , a.c; al leged by petitioner in a petition for vaccine compensation tiled on or about December 21, 20 I 7 , in lhe Unilcd States Court ofFcderal Claims as petition l\o

. 17-2005V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper not ice to the Court on behalf ofeither or both of the parties. 15. lfthc speciaJ master fails lo issue II decision in complete confonnity with the terms of this Stipulation or i f the Coun 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.

316

. This Stipulation expresses a full and complete negotiated settlement of liability and damages cla i med under the NationaJ Childhood Vaccine fnjury Act of 1986, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto lo make any payment or lo do any act or thing other than is herein expressly stated and clearly agreed to
. The parties ti.trther agree and understand that the award described in this Stipulation may retlect a compromise of the parties' respective positions as to liability and/or amount of damages. and further, that a change in the nat\lre of the injury or condition or in the items of compensation sough t , iii not grounds to modify or revise this agreement. 17. This St i pulation shall not be construed as an admiss i on by the United States or the Secretary of Health and Human Services that the Tdap vaccine caui,-ed petitioner's alleged SIRVA, or any other injury or her current condition. 18

. All rights and obligations of petitioner hereunder shaJI apply equally to petitioner's heir s, executors. administrators, successors, and/or assigns.

I I I END OF STIPULA TIOJ\

4Respectfully submitted,



### AUTHORIZED REPRESENTATIVE OF TIIE SECRET ARV OF HEALTH AND HUMAN SERVICES:

TAMARA OVERBY Acting Director, Division of Injury Compensation Programs 

### Healthcare Systems 

### Bureau U.S. Department of Health and Human Services 5600 Pishcrs Lane Parklawn Building , Mail Stop 08Nl468 Rockville, MD 20857



# s AUTHORIZED REPRESENTATIVE 0 iTHE ATTORNEY GENERAL:

Civil Division U

. S. Department of Justice P.O. Box 146 Benjamin 

### FrankJin Station Washington, DC 20044-0146
ATTORNRY OF RECORD FOR RESPONDENT:



# LJ~Af2~

. LJNDA S

. RENZI

# ~ Senior Trial Counsel Torts Branch Civil Division U

. S

. Department of Justice P.O. Box 146 Benjamin franklin Station Washington, DC 20044

- 0146 Tel : (202)616-4133