VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01424
Package ID: USCOURTS-cofc-1_15-vv-01424
Petitioner: Ron Shackleford
Filed: 2015-11-24
Decided: 2017-02-16
Vaccine: Tetanus
Vaccination date: 2015-04-10
Condition: radial nerve injury
Outcome: compensated
Award amount USD: 144953

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01424-0
Date issued/filed: 2017-02-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/31/2016) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01424-UNJ Document 38 Filed 02/16/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1424V
Filed: October 31, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RON SHACKLEFORD, *
*
Petitioner, *
v. * Joint Stipulation on Damages;
* Tetanus Vaccine; Radial Nerve Injury;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 24, 2015, petitioner 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 alleged that he suffered a radial nerve injury which was
caused-in-fact by the tetanus vaccination he received on April 10, 2015. Petition at 1, ¶
16; see also Stipulation, filed Oct. 31, 2016, at ¶¶ 1, 2, 4. Petitioner further alleged that
he has suffered the residual effects of his injury for more than six months and has never
filed a civil action or received compensation for his injury, alleged as vaccine caused.
Petition at ¶¶ 14-15; see also Stipulation at ¶¶ 4-5. “Respondent denies that petitioner’s
tetanus vaccine caused a radial nerve injury or any other injury.” Stipulation at ¶ 6.
Nevertheless, on October 31, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:15-vv-01424-UNJ Document 38 Filed 02/16/17 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive a payment of $144,953.39
as follows:
a. a lump sum payment of $144,461.50 in the form of a check payable solely to
petitioner, Ron Shackleford;
b. a lump sum payment of $491.89 in the form of a check payable jointly to
petitioner, Ron Shackleford and Georgia Department of Community Health:
Georgia Department of Community Health
900 Circle 75 Parkway
Suite 650
Atlanta, GA 30339
Attn: Milini Taylor
Account Number: 170918/0000257725
representing compensation for satisfaction of the State of Georgia Medicaid lien.3
Stipulation at ¶ 8. This amount represents compensation for all items of damages that
would be available under § 15(a). Id.
The undersigned approves 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner agrees to endorse this payment to the State of Georgia.
4 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.
2

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