VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00864
Package ID: USCOURTS-cofc-1_17-vv-00864
Petitioner: Lindsey Kueng
Filed: 2017-06-26
Decided: 2018-10-24
Vaccine: Tdap
Vaccination date: 2016-05-21
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80098

AI-assisted case summary:
Lindsey Kueng filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) caused by a Tdap vaccine she received on May 21, 2016. She further alleged that she suffered residual effects for more than six months. Respondent denied that the Tdap vaccine caused her alleged SIRVA or any other injury. Nevertheless, the parties filed a joint stipulation for compensation. The court adopted the stipulation, awarding Lindsey Kueng a lump sum of $80,098.71. This amount represents compensation for all damages available under the Vaccine Act. The parties agreed that this settlement was a full and complete negotiated settlement of liability and damages claimed under the Act, and petitioner released the United States and the Secretary of Health and Human Services from further action related to the alleged vaccine injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00864-0
Date issued/filed: 2018-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/06/2018) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00864-UNJ Document 31 Filed 10/24/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-864V
Filed: September 6, 2018
UNPUBLISHED
LINDSEY KUENG,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Tetanus
Petitioner,
Diphtheria acellular Pertussis (Tdap)
v.
Vaccine; Shoulder Injury Related to
Vaccine Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 26, 2017, 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 alleges that that she suffered a right shoulder injury related to vaccine
administration (“SIRVA”), which was caused by administration of the tetanus, diphtheria,
acellular-pertussis (“Tdap'”) vaccine she received on May 21, 2016. Petition at 1;
Stipulation, filed September 6, 2018, at ¶¶ 2, 4. Petitioner further alleges that she
suffered the residual effects of her injuries for more than six months. Petition at 3;
Stipulation at ¶ 4. “Respondent denies that the Tdap vaccine caused petitioner’s
alleged right SIRVA, or any other injury, and further denies that petitioner’s current
disabilities are sequelae of a vaccine related injury.” Stipulation at ¶ 6.
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 1:17-vv-00864-UNJ Document 31 Filed 10/24/18 Page 2 of 7
Nevertheless, on September 6, 2018, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $80,098.71 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 42 U.S.C. § 300aa-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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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.
2

Case 1:17-vv-00864-UNJ Document 31 Filed 10/24/18 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LINDSEY KUENG,
Petitioner,
v. No. 17-864V
ChiefSpecial Master Dorsey
SECRETARY OF HEALTH AND ECF-SPU
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
petit�on
I. Lindsey Kueng ("petitioner") filed a for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
injuries allegedly
Program"). The petition seeks compensation for related to petitioner's receipt
of the tetanus, diphtheria, acellular-pertussis ("Tdap'') vaccine, which vaccine is contained in the
"Table"),42
Vaccine I11jury Table (the C.F.R. § 100.3(a).
2. Petitioner received a Tdap vaccine in her right deltoid on or about May 21, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a right shoulder injury related to vaccine
administration ('�SIRVA"), which was caused by administration of the Tdap vaccine. Petitioner
further alleges that she suffered the residual effects of her injuries for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her
behalf as
a result of her conditiOn.
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pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Services will issue
the following vaccine compensation payment:
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§ 300aa-15(a).
·
judgment
9. As soon as practicable after the entry of on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before
master
the special to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attomey represent that they have identified to respondent all
known sources of payment for items or servicesforwhich the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act ( 42
U.S.C.§ seq.)),
1396 et or entities that provide health services on a prepaid basis.
2
Case 1:17-vv-00864-UNJ Document 31 Filed 10/24/18 Page 4 of 7

Case 1:17-vv-00864-UNJ Document 31 Filed 10/24/18 Page 5 of 7
•,
11. Payment made pursuant to paragraph. 8, and any amounts awarded pursuant to
paragraph 9 ofthis
Stipulation,
will be made in accordance with 42 U.S.C.
§ 300aa-15(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, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C.
§ 300aa·15(a):ana (d), and subject to the conditions of 42 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 behalf of her heirs, executors, administrators, successors, and assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
o� action
the Secretary ?fHealth and Human Services from any and all actions or causes
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
have timely
of whatever kind. or natute) that have been brought, could been brought, or could be
brought Injury
in the United States Court of Federal Claims, under the National Vaccine
Compensation Program,
42 U.S.C. § :lOOaa-10 et seq., on account of, or in any way growing out
of, unknown, suspected unsuspected injuries
any and all known or or personal to or death of
petitioner resulting from�. or alleged to have resulted from, the Tdap vaccine administered on
alleged by petitioner
May 21, 2016, as in a petitiqn for vaccine compensation filed on June 26,
2017, in the United States Court.of Federal Claims as petition No. 17-864V.
14. If petitioner should die prior to
entry ofjudgment,
this agreement shall be voidable
notice
upon proper to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
3

Case 1:17-vv-00864-UNJ Document 31 Filed 10/24/18 Page 6 of 7
Stipulation,
confonnity with a decision that is in complete confonnity with the terms .of this then
the. parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.
Stipulation liability and
16. This expresses a full and complete negotiated settlement of
Vaccine Injury except
damages claimed under the National Childhood Act of 1986, as amended,
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or do any act or thin,g 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 of the parties' respective positions as to liability and/or
injury
amount of damages� and further, that a change in the nature of the or condition or in the
items of compensation sought, is not grounds to modify ot revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human ServiGes that the Tdap vaccine caused petitioner's alleged right
SIRV A1 or any gther injury, or that her currertt disabilities are sequelae of her alleged vaccine-
injury.
. related
18. All rights and obligations of petitigner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
I
END OF STIPULATION
I
4

Case 1:17-vv-00864-UNJ Document 31 Filed 10/24/18 Page 7 of 7
Respectfully submitted,
PETITIONER:.
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
LEAH V. DURANT, ESQ. CATHARINE E. REEVES
1717 K Street, NW, Suite 900 Deputy Director
Washington, DC 20006 Torts Branch
Tel: (202) 775-9200 Civil Division
U.S. Department of Justice
P. 0. Box 146
Benjamin
Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRET ARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
M AJa:a
NARAY:rM.D .
Trial
. Director Senior Attorney
Division of Injury Compensation Programs Torts Branch
Bureau
Healthcare Systems Civil Division
Health Resources and Services Administration U.S. Department of Justice
Department Health
U.S. of and Human Services P. 0. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Stop 08N146B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4099
"I!< I
le
DATE:
5