Ron Shackleford v. HHS - Tetanus, radial nerve injury (2017)
Case summary [AI summaries can sometimes make mistakes]
Ron Shackleford filed a petition for compensation under the National Vaccine Injury Compensation Program on November 24, 2015, alleging that he suffered a radial nerve injury caused by a tetanus vaccination received on April 10, 2015. Mr.
Shackleford claimed to have suffered residual effects from the injury for more than six months and stated he had not filed a civil action or received prior compensation. The respondent denied that the tetanus vaccine caused the radial nerve injury or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation on October 31, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The award totaled $144,953.39. This amount included a lump sum of $144,461.50 payable solely to Ron Shackleford and a lump sum of $491.89 payable jointly to Ron Shackleford and the Georgia Department of Community Health to satisfy a Medicaid lien.
This award represented compensation for all items of damages available under the Vaccine Act. Petitioner was represented by John Howie, Jr. of Howie Law, P.C., and respondent was represented by Ann Martin of the U.S.
Department of Justice.
Theory of causation
Petitioner Ron Shackleford alleged that a tetanus vaccination received on April 10, 2015, caused-in-fact a radial nerve injury, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific medical mechanism, expert testimony, or clinical findings supporting the alleged injury or its link to the vaccine. The award was $144,953.39, comprising a lump sum of $144,461.50 to the petitioner and $491.89 to satisfy a Georgia Medicaid lien. Chief Special Master Nora Beth Dorsey approved the stipulation on February 16, 2017. The theory of causation was not explicitly stated as "on-Table" or "off-Table" in the provided text, but the stipulation suggests an "off-Table" determination or a settlement without a definitive finding of causation under the Vaccine Act's statutory injury table.
Source PDFs
USCOURTS-cofc-1_15-vv-01424