Delinda Smith v. HHS - Pneumococcal, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Delinda Smith filed a petition for compensation on May 2, 2019, alleging that she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her May 2, 2017 Pneumococcal Conjugate (Prevnar 13) vaccination. The petition stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this injury.
The respondent denied that petitioner sustained a Table SIRVA injury or that the vaccine caused her injury. Nevertheless, the parties filed a joint stipulation on May 11, 2021, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Delinda Smith $90,000.00 in compensation for all damages available under Section 15(a).
The decision was filed on May 13, 2021. Petitioner was represented by Milton Clay Ragsdale, IV, of Ragsdale, LLC.
Respondent was represented by James Vincent Lopez of the U.S. Department of Justice.
Theory of causation
Petitioner Delinda Smith alleged Shoulder Injury Related to Vaccine Administration (SIRVA) following her May 2, 2017 Pneumococcal Conjugate (Prevnar 13) vaccination. Respondent denied a Table SIRVA injury or that the vaccine caused the alleged injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $90,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The stipulation stated that the injury was alleged to have occurred within the Table time period or was caused by the vaccination, with residual effects lasting more than six months. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings. The award was a lump sum payable by check. Attorneys for petitioner were Ragsdale, LLC, and for respondent, the U.S. Department of Justice. The decision date was May 13, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-00653