VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00387 Package ID: USCOURTS-cofc-1_22-vv-00387 Petitioner: Rasheedah Smith Filed: 2022-04-04 Decided: 2025-04-17 Vaccine: Tdap Vaccination date: 2019-05-30 Condition: left-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Rasheedah Smith filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving a Tdap vaccine on May 30, 2019. She alleged that she sustained a left-sided shoulder injury related to vaccine administration (SIRVA) within the timeframe specified by the Vaccine Injury Table and experienced residual effects for more than six months. The respondent denied that the injury was a Table SIRVA or that the Tdap vaccine caused or aggravated her condition. Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case. The court adopted the stipulation, awarding Rasheedah Smith a lump sum of $90,000.00. This amount is intended to cover all damages available under Section 15(a) for injuries allegedly related to the Tdap vaccine. The decision was issued on April 17, 2025, following the stipulation filed on March 17, 2025. The petition was originally filed on April 4, 2022. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00387-0 Date issued/filed: 2025-04-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/17/2025) regarding 49 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00387-UNJ Document 53 Filed 04/17/25 Page 1 of 7 (cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-387V RASHEEDAH SMITH, Chief Special Master Corcoran Petitioner, v. Filed: March 17, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 4, 2022, Rasheedah Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On May 30, 2019, Petitioner received a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a left-sided shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table, and that she suffered the residual effects of the alleged injury for more than six months. 1Because 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. 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 (2018). Case 1:22-vv-00387-UNJ Document 53 Filed 04/17/25 Page 2 of 7 Respondent denies that Petitioner sustained a Table SIRVA within the timeframe set forth in the Table; and denies that the Tdap immunization caused or significantly aggravated Petitioner’s alleged shoulder injury and/or any other injury. Nevertheless, on March 17, 2025, 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 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 $90,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a) for injuries allegedly related to Petitioner’s receipt of the Tdap vaccine. 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 1:22-vv-00387-UNJ Document 53 Filed 04/17/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS RASHEEDAH SMITH, Petitioner, V. No. 22-387V Chief Special Master Brian H. Corcoran SECRETARY OF HEAL TH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Rasheedah Smith ("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 tetanus-diphtheria-acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a). 2. Petitioner received a Tdap vaccine on or about May 30, 2019, in her left upper extremity. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a left-sided shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table and 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 as a result of her condition. Case 1:22-vv-00387-UNJ Document 53 Filed 04/17/25 Page 4 of 7 6. Respondent denies that petitioner sustained a Table SIRVA within the timeframe set forth in the Table; and denies that the Tdap immunization caused or significantly aggravated petitioner's alleged shoulder injury and/or any other 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)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum payment of $90,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represents all compensation for damages that would be available under 42 U.S.C. § 300aa-l 5(a) for injuries allegedly related to petitioner's receipt of the Tdap vaccine. 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-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 they have identified to respondent all known sources of payment for items or services for which 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. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 2 Case 1:22-vv-00387-UNJ Document 53 Filed 04/17/25 Page 5 of 7 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-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 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 and/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-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 Tdap vaccination administered on or about May 30, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about April 4, 2022, in the United States Court of Federal Claims as petition No. 22-387V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Cou1t on behalf of either or both of the parties. 3 Case 1:22-vv-00387-UNJ Document 53 Filed 04/17/25 Page 6 of 7 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 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 fm1her 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 Tdap vaccine caused petitioner's alleged shoulder injury, and/or any other injury, or that petitioner suffered an injury contained in the Vaccine Injury 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 I I I I I I I I 4 Case 1:22-vv-00387-UNJ Document 53 Filed 04/17/25 Page 7 of 7 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~~hl ~ HEATHER L. PEARLMAN s. JEFFREY Por & ASSOCIATES Deputy Director 9150 Wilshire Blvd., Suite 241 Torts Branch Beverly Hills, CA 90212 Civil Division (310) 273-5462 U.S. Department or Justice jpop@poplmvYcr.com P.O. Box 146 Benjamin franklin Station Washington. DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: j effrey $ • Digitally signed by Jeffrey S. Beach •S Be ac h -S Date: 2025.02.27 1s:02:n-os·oo· for CAPT GEORGE REED GRIMES. MD, MPH Director, Division of Injury Senior Trial Attorney Compensation Programs Torts Branch Health Systems Bul'eau 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 Human Services Washington, DC 20044-0146 5600 Fishers Lane. 08W-25A (202) 616-984 7 Rockville, MD 20857 rvan.pYlcs'