VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00562
Package ID: USCOURTS-cofc-1_20-vv-00562
Petitioner: Carol Cracraft
Filed: 2020-05-06
Decided: 2024-03-05
Vaccine: Prevnar 13
Vaccination date: 2018-01-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Carol Cracraft filed a petition for vaccine compensation on May 6, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following a Prevnar 13 vaccination on January 3, 2018. She further alleged that she experienced residual effects of this injury for more than six months. Respondent denied that Ms. Cracraft suffered a Table Injury for SIRVA, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 2, 2024, agreeing to settle the case and award compensation. The court adopted the stipulation as its decision. Ms. Cracraft was awarded a lump sum of $70,000.00, representing compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount. The decision was issued on March 5, 2024.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00562-0
Date issued/filed: 2024-03-05
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/02/2024) regarding 60 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:20-vv-00562-UNJ Document 66 Filed 03/05/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0562V
CAROL CRACRAFT, Chief Special Master Corcoran
Petitioner, Filed: February 2, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 6, 2020, Carol Cracraft 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 she suffered a shoulder injury following a Prevnar 13
vaccination she received on January 3, 2018. Petition at 1; Stipulation, filed at February
1, 2024, ¶¶ 2, 4. Petitioner further alleges that she has suffered the residual effects of her
injury for more than six months. Stipulation at ¶ 4. “Respondent denies that “Petitioner
suffered a Table Injury for SIRVA, denies that the vaccine caused Petitioner’s alleged
shoulder injury, or any other injury, and denies that her current condition is a sequela of
a vaccine-related injury.” Stipulation at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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.
2 National 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 (2018).

Case 1:20-vv-00562-UNJ Document 66 Filed 03/05/24 Page 2 of 8
Nevertheless, on February 2, 2024, the parties filed the attached joint stipulation,3
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision 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 $70,000.00 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The Stipulation attached omits the DocuSign page to protect the personal identifying information of the
signers.
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

Case 1:20-vv-00562-UNJ Document 66 Filed 03/05/24 Page 3 of 8
DocuSign Envelope ID: 6A89723A-CC 1B-474 0-B 142-D9340F5899ED
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CAROL CRACRAFT, )
)
Petitioner, )
) No. 20-562V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Carol Cracraft ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a Prevnar-I 3 ("Prevnar") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a Prevnar vaccine in her left deltoid on January 3, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA") from the Prevnar vaccine. She further alleges that she experienced the residual
effects of this condition 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 injmy.

Case 1:20-vv-00562-UNJ Document 66 Filed 03/05/24 Page 4 of 8
DocuSign Envelope ID: 6A89723A-CC1 B-4740-B142-D9340F5899ED
6. Respondent denies that petitioner sustained a Table injury for SIRVA, denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injmy, and denies that her
cun-ent condition is a sequela of a vaccine-related injury.
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-21(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $70,000.00 in the fo1m of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-I 5(a).
9. As soon as practicable after the entry of judgment 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-2l(a)(I), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incmTed 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-l 5(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
2

Case 1:20-vv-00562-UNJ Document 66 Filed 03/05/24 Page 5 of 8
DocuSign Envelope ID: 6A89723A-CC1 B-4740-B142-D9340F5899ED
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.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutmy funds.
12. The pa11ies and their attorneys fu11her agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursable 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(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 Secreta1y 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 Injmy Compensation
Program, 42 U.S.C. § 300aa-l 0 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 Prevnar vaccination administered on Januaty 3, 2018,
as identified in a petition for vaccine compensation filed on or about May 6, 2020, in the United
States Coun of Federal Claims as petition No. 20-562V.
3

Case 1:20-vv-00562-UNJ Document 66 Filed 03/05/24 Page 6 of 8
DocuSign Envelope ID: 6A89723A-CC 18-4740-8142-D9340F5899ED
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice 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 Court of Federal Claims fails to enter judgment in confo1111ity 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 patt 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 Prevnar vaccine caused petitioner's alleged
shoulder injury or any other injury or her current disabilities, or that petitioner suffered an injury
contained in the Vaccine Injmy Table.
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-00562-UNJ Document 66 Filed 03/05/24 Page 7 of 8
DocuSign Envelope ID: 6A89723A-CC 1B-474 0-B 142-D9340F5899ED
Respectfully submitted,
PETITIONER:
CAROL CRACRAFT
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
.--4&~~
HEATHER L. PEARLMAN
Downing Allison & J01 enson Deputy Director
0
3030 N. Central Avenue, Suite 507 Torts Branch
Phoenix, AZ 85012 Civil Division
( 480) 444-1438 U.S. Department of Justice
adowning@daj-law.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
Digitally signed byGeorgeR.
Grimes-S14
-S 14
Date: 2024.01.16 17:06:24 -05'00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury
Compensation Programs
Health Systems Bureau Civil Division
Health Resources and Services U. S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Humans Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 616-4264
Rockville, MD 20857 meghan. r.murphy@usdoj.gov
/_a,4_ _
~ J-/~/
Dated:
5

Case 1:20-vv-00562-UNJ Document 66 Filed 03/05/24 Page 8 of 8
DocuSign
Certificate Of Completion
Envelope Id: 6A89723ACC1 B4740B142D9340F5899ED Status: Completed
Subject: Complete with DocuSign: Cracraft Stipulation -for Docusign.pdf
Source Envelope:
Document Pages: 5 Signatures: 1 Envelope Originator:
Certificate Pages: 4 Initials: 0 Downing Allison & Jorgenson
AutoNav: Enabled davery@daj-law.com
Envelopeld Stamping: Enabled IP Address: 68.227.253.141
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original Holder: Downing Allison & Jorgenson Location: DocuSign
1/26/2024 11 :55:36 AM davery@daj-law.com
Signer Events Signature Timestamp
Carol Cracraft Sent: 1/26/2024 11 :56:52 AM
cracraftc@aetna.com Viewed: 1/26/202412:33:22 PM
Security Level: Email, Account Authentication Signed: 1/26/2024 12:34:06 PM
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 206.213.209.32
Electronic Record and Signature Disclosure:
Accepted: 1/26/2024 12:33:22 PM
ID: 349l905a-6c34-4f4c-9c22-2dac68b1171 o
In Person Signer Events Signature Times tamp
Editor Delivery Events Status Times tamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/26/2024 11 56:53 AM
Certified Delivered Security Checked 1/26/2024 12:33:22 PM
Signing Complete Security Checked 1/26/2024 12:34:06 PM
Completed Security Checked 1/26/2024 12:34:06 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure