In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-2005V

UNPUBLISHED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 STIPULATION1

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.,

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(the 

“Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to 

vaccine administration (“SIRVA”) as a result of a Tetanus Diphtheria acellular Pertussis 

(“Tdap”) vaccine received on September 24, 2016. Petition at 1; Stipulation, filed 

December 19, 2019, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered 

in the United States, she experienced the residual effects of this condition for more than 

six months, and there has been no prior award or settlement of a civil action for 

damages as a result of her condition. Petition at 1-2; Stipulation at ¶¶ 3-5. 

“Respondent denies that petitioner sustained a SIRVA Table injury; 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 EGovernment 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 

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).
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Nevertheless, on 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 terms 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 Petitioner. 

Stipulation at ¶ 8. This amount represents compensation for all items of 

damages that would be available under § 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.
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. 

) 

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No. I 7-2005V 

Chief Special Master 

Brian H. Corcoran 

STIPULATION 

The parties hereby stipulate to the following matters: 

I. Martha Stanford, 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 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 received a Tdap vaccination un or about September 24, 2016. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that she sustained a SIRVA within the time period set forth in the 

Table. 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 as a result of her condition. 

6. Respondent denies that petitioner sustained a SIRVA Table injury; and denies that her 

current condition is n scquelae of a vaccine-related injury. 
7. Maintaining their above-stated positions. U1c panics 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 prncticable after an entry of judgment rctlccting a decision consistent with 

the terms of this Stipulation, and after petitioner has filed an election 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 sum of $55.4 70.00 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 enliUcmcnt in this case, and after 

petitioner has filed both a proper and timely election to rei:eive compensation pursuant to 42 

U.S.C. § 300aa-2 I (aJ(l), and an application, the parties will submit to further proceedings before 

the special master to award reasonable attorneys' fees and cost~ incurred in proceeding upon this 

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 benefits 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 Stipulation, and any amount awarded 

pursuant lo paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aal 5(i), ::iubjcct 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 unrcimbursable expenses, the money provided 

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pursuant 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 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 

pt:titioner resulting from, or alleged to have resulted from, the Tdap vaccination administered on 

or about September 24, 2016, a.c; alleged 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 notice to the Court on behalf of either or both of the parties. 

15. lfthc speciaJ master fails lo issue II decision in complete confonnity with the terms 

of this Stipulation or if 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. 

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16. This Stipulation expresses a full and complete negotiated settlement of liability and 

damages claimed 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 sought, iii 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 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 

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

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END OF STIPULA TIOJ\ 

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Respectfully 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