VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00422 Package ID: USCOURTS-cofc-1_20-vv-00422 Petitioner: Ronnie Lacey Filed: 2020-04-13 Decided: 2022-05-10 Vaccine: pneumococcal conjugate Vaccination date: 2019-03-27 Condition: left shoulder injuries related to vaccine administration Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Ronnie Lacey filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2020, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate (PCV13) vaccine received on March 27, 2019. Petitioner stated the vaccine was administered in the United States, the injury had residual effects for more than six months, and there had been no prior award or settlement for these injuries. The respondent denied that the petitioner sustained the onset of a SIRVA Table injury within the Table timeframe and further denied that the PCV13 vaccine caused the alleged left shoulder injury, any other injury, or her current condition. Despite these positions, the parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision. The court awarded Ronnie Lacey $40,000.00 as compensation for all items of damages available under Section 15(a). The decision was issued on May 10, 2022. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and the respondent was represented by Mark Kim Hellie of the U.S. Department of Justice. Theory of causation field: Petitioner Ronnie Lacey alleged a left shoulder injury related to vaccine administration (SIRVA) resulting from a pneumococcal conjugate (PCV13) vaccine received on March 27, 2019. The respondent denied that the vaccine caused the alleged SIRVA injury within the Table timeframe. The parties filed a joint stipulation to settle the case, agreeing to an award of $40,000.00. The Special Master adopted the stipulation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The theory of causation is based on the "Table" category for SIRVA injuries, as the parties stipulated to a settlement. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00422-0 Date issued/filed: 2022-05-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/30/2022) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00422-UNJ Document 37 Filed 05/10/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0422V UNPUBLISHED RONNIE LACEY, Chief Special Master Corcoran Petitioner, Filed: March 30, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 13, 2020, Ronnie Lacey 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 shesuffered left shoulder injuries related to vaccine administration (“SIRVA”) resulting from adverse effects of a pneumococcal conjugate (“PCV13”) vaccine received on March 27, 2019. Petition at 1; Stipulation, filed March 29, 2022, at ¶¶ 1-4. Petitioner further alleges the vaccine was administered in the United States, she experienced the residual effects of this injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injuries. Petition at ¶¶ 1, 10-11; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained the onset of a SIRVA Table injury within the Table timeframe and further denies that the PCV13 vaccine caused petitioner’s alleged left shoulder injury, any other injury, or her current condition.” Stipulation at ¶ 6. 1 Because this unpublished Decision 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 E- Government Act of 2002.44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision 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. 2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §300aa (2012). Case 1:20-vv-00422-UNJ Document 37 Filed 05/10/22 Page 2 of 7 Nevertheless, on March 29, 2022, 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 mydecision 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 $40,000.00 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 Section 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 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. 2 Case 1:20-vv-00422-UNJ Document 37 Filed 05/10/22 Page 3 of 7 Jn tbe llniteb ~tates ~ourt of jfe beral ~laims OFFICE OF SPECIAL MASTERS RONNIE LACEY, Petitioner, Case No. 20-422V (ECF) v. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: l. Ronnie Lacey, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the pneumococcal conjugate ("PCV13") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the vaccine on March 27, 2019. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration ("SIRVA") within the Table time period after receiving the PCV 13 vaccine, and alleges that she experienced the residual effects of this injury 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 alleged injuries. Case 1:20-vv-00422-UNJ Document 37 Filed 05/10/22 Page 4 of 7 6. Respondent denies that petitioner sustained the onset of a SIRVA Table injury within the Table timeframe and further denies that the PCV13 vaccine caused petitioner's alleged left shoulder injury, any other injury, or her current condition. 7. Maintaining their above-stated positions, the parties 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 practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)( 1) , the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $40,000.00 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 in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)(l ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U. S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs ( other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 Case 1:20-vv-00422-UNJ Document 37 Filed 05/10/22 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U. S.C. § 300aa-l 5(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, and past unreimbursed expenses, 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) and (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 or assigns, does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss 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 petitioner resulting from, or alleged to have resulted from, the PCV13 vaccination administered on March 27, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about April 13, 2020, in the United States Court of Federal Claims as petition No. 20-422V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:20-vv-00422-UNJ Document 37 Filed 05/10/22 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the tenns of this Stipulation or if the Court 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. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing 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 amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is 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 PCV 13 vaccine caused petitioner's alleged left shoulder injury or any other injury or her current condition. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:20-vv-00422-UNJ Document 37 Filed 05/10/22 Page 7 of 7 Respectfully submitted, AUTHORIED REPRESENTATIVE OF THE ATTORNEY GENERAL: ' .Jle~\L?~- ----- HEA THER L. PEARLMAN Counsel for Pett 1oner Deputy Director Law Offices of Leah V. Durant, PLLC Torts Branch, Civil Division 1717 K Street NW, Suite 900 U.S. Department of Justice Washington, DC 20006 P.O. Box 146 ldurant@durantllc.com Benjamin Franklin Station (202) 775-9200 Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTONEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes OlgltallyslgnedbyGeorgeR. k-c:JvL l ~ Grlmes-514 -S 14 ~d~LP~ Date:2022.03.1610:58:04 -04'00' CDR GEORGE REED GRIMES, MD, MPH MARK K. HELLIE Director, Division oflnjury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and P.O. Box 146 Services Administration Benjamin Franklin Station U.S. Department of Health and Washington, DC 20044-0146 Human Services mark.hellie@usdoj.gov 5600 Fishers Lane, 08Nl46B (202) 616-4208 Rockville, MD 20857 Dated: 03 /1 5t lw1.Z..., 5