VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00751
Package ID: USCOURTS-cofc-1_23-vv-00751
Petitioner: P.A.C.
Filed: 2023-05-23
Decided: 2024-07-30
Vaccine: HPV
Vaccination date: 2022-03-01
Condition: osteomyelitis
Outcome: compensated
Award amount USD: 160732

AI-assisted case summary:
On May 23, 2023, Gracie Clements filed a petition on behalf of her minor son, P.A.C., alleging that a human papillomavirus (HPV) vaccine administered on March 1, 2022, caused P.A.C. to suffer from osteomyelitis. The respondent, the Secretary of Health and Human Services, filed a report on February 2, 2024, conceding that P.A.C. developed left shoulder osteomyelitis, which was more likely than not caused by the administration of the HPV vaccine at the same location. The respondent further stated that no other causes for the osteomyelitis were identified and that the injury lasted for at least six months, satisfying the statutory requirements for compensation. The respondent concluded that Petitioner had met all legal prerequisites for compensation under the National Childhood Vaccine Injury Act of 1986, limiting the scope of damages to osteomyelitis of P.A.C.'s left shoulder and its related sequelae. On February 12, 2024, Special Master Herbrina Sanders issued a ruling on entitlement, finding that Petitioner was entitled to compensation based on the respondent's concession and a review of the record. The case then proceeded to the damages phase. On June 24, 2024, the parties filed a joint stipulation and proffer regarding the award of compensation. Special Master Sanders adopted this proffer in her decision on July 30, 2024. The award included a lump sum payment of $140,000.00 for pain and suffering, payable to Gracie Clements as guardian/conservator of P.A.C. This payment was contingent upon Petitioner providing documentation of her appointment as guardian/conservator. Additionally, a lump sum of $377.32 was awarded for past unreimbursable expenses, payable to Petitioner. Finally, a lump sum of $20,355.60 was awarded to satisfy a Health Management Systems (HMS) of Alabama Medicaid lien, payable jointly to Petitioner and the Alabama Medicaid Subrogation Unit. The total award amounted to $160,732.32. Petitioner was represented by Milton C. Ragsdale, IV of Ragsdale, LLC, and Respondent was represented by Zoe Wade of the U.S. Department of Justice. The Special Master presiding over the case was Herbrina Sanders.

Theory of causation field:
Petitioner Gracie Clements filed on behalf of minor P.A.C., alleging that an HPV vaccine administered on March 1, 2022, caused osteomyelitis. Respondent conceded that P.A.C. developed left shoulder osteomyelitis, which was more likely than not caused by the vaccine administration at the same location, with no other causes identified and the injury lasting at least six months. This concession satisfied the legal prerequisites for compensation. The case proceeded to the damages phase, and the parties stipulated to an award. The Special Master ruled on entitlement on February 12, 2024, and awarded damages on July 30, 2024. The award totaled $160,732.32, comprising $140,000.00 for pain and suffering, $377.32 for past unreimbursable expenses, and $20,355.60 to satisfy a Medicaid lien. Petitioner was represented by Milton C. Ragsdale, IV, and Respondent by Zoe Wade. Special Master Herbrina Sanders presided. The theory of causation was off-Table, based on the respondent's concession of a probable link between the vaccine and the injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00751-0
Date issued/filed: 2024-03-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/12/2024) regarding 17 Ruling on Entitlement. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:23-vv-00751-UNJ Document 22 Filed 03/26/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 12, 2024
* * * * * * * * * * * * * * * * * * * * * * * * *
GRACIE CLEMENTS, on behalf of * No. 23-751V
her minor son, P.A.C., *
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Milton C. Ragsdale, IV, Ragsdale, LLC, Birmingham, AL, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 23, 2023, Gracie Clements (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program2 (“Vaccine Program” or “Program”) on behalf
of her minor child, P.A.C. 42 U.S.C. § 300aa-10 to 34 (2012); Pet., ECF No. 1. Petitioner alleged
that a human papillomavirus (“HPV”) vaccine administered on March 1, 2022, caused P.A.C. to
suffer from osteomyelitis. See Pet. ¶¶ 3, 13–14.
On February 2, 2024, Respondent filed his report pursuant to Vaccine Rule 4(c). Resp’t’s
Report, ECF No. 16. Respondent stated that “P.A.C. developed left shoulder osteomyelitis, which
was more likely than not caused by administration of an HPV vaccine at the same location.” Id. at
5. Respondent continued that “[n]o other causes for P.A.C.’s osteomyelitis have been identified[]”
and that “[P]etitioner has satisfied the statutory requirement that P.A.C.’s injury lasted for at least
1 Because this Ruling 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 Ruling 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 (“the Vaccine Act”
or “Act”). 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 1:23-vv-00751-UNJ Document 22 Filed 03/26/24 Page 2 of 2
six months[] . . . .” Id. Respondent concluded that “[P]etitioner has satisfied all legal prerequisites
for compensation under the Act.” Id. Respondent noted that “[t]he scope of damages to be awarded
is limited to osteomyelitis of P.A.C.’s left shoulder and its related sequelae only.” Id.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. § 300aa-13; Vaccine Rule 8(d). In light of Respondent’s
concession and a review of the record, I find that Petitioner is entitled to compensation. This matter
shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00751-1
Date issued/filed: 2024-07-30
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 6/27/24) regarding 26 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (sh) Service on parties made.
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Case 1:23-vv-00751-UNJ Document 29 Filed 07/30/24 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 27, 2024
* * * * * * * * * * * * * * *
GRACIE CLEMENTS on behalf of her minor *
child P.A.C., * No. 23-751V
*
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Milton C. Ragsdale, IV, Ragsdale LLC, Birmingham, AL for Petitioner.
Zoe Wade, United States Department of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On May 23, 2023, Gracie Clements (“Petitioner”) filed a petition on behalf of her minor
child, P.A.C., for compensation under the National Vaccine Injury Compensation Program (“the
Program”).2 Pet. at 1. Petitioner alleged that a human papillomavirus (“HPV”) vaccination
administered on March 1, 2022 caused P.A.C. to suffer from osteomyelitis. Id. On February 12,
2024, the undersigned ruled that Petitioner is entitled to compensation for P.A.C.’s injury. Ruling
on Entitlement, ECF No. 17.
On June 24, 2024, Respondent filed Respondent’s Proffer on Award of Compensation
(“Proffer”), attached hereto as Appendix A. Proffer, ECF No. 25. Based on the record as a whole,
the undersigned finds the Proffer reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
1 Because this unpublished 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 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-
10 et seq. (hereinafter “Vaccine Act,” “the Act,” or the “program”).

Case 1:23-vv-00751-UNJ Document 29 Filed 07/30/24 Page 2 of 6
Pursuant to the terms stated in the Proffer, attached as Appendix A, the undersigned
awards Petitioner:
(1) A lump sum payment of $140,000, in the form of a check payable to
Petitioner as guardian/conservator of P.A.C., for the benefit of P.A.C.
No payments shall be made until Petitioner provides Respondent with
documentation establishing that she has been appointed as the
guardian/conservator of P.A.C.’s estate. If Petitioner is not authorized
by a court of competent jurisdiction to serve as guardian/conservator of
the estate of P.A.C., any such payment shall be made to the party or
parties appointed by a court of competent jurisdiction to serve as
guardian(s)/conservator(s) of the estate of P.A.C. upon submission of
written documentation of such appointment to the Secretary. Petitioner
agrees P.A.C. is a minor child. Petitioner must file evidence of
guardianship.
(2) A lump sum of $377.32, representing compensation for past
unreimbursable expenses, in the form of a check payable to Petitioner.
(3) A lump sum payment of $20,355.60, representing compensation for
satisfaction of an HMS of Alabama Medicaid lien, in the form of a check
jointly payable to Petitioner and to:
Alabama Medicaid Subrogation Unit
301 Technacenter Drive
Montgomery, AL 36117
Case No.: 225082
Petitioner agrees to endorse the payment to HMS of Alabama.
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
SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GRACIE CLEMENTS, on behalf of her minor
child, P.A.C.,
No. 23-751V
Petitioner, Special Master Sanders
ECF
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 23, 2023, Gracie Clements (“petitioner”) filed a petition on behalf of her minor
child, P.A.C., for compensation under the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that P.A.C., suffered osteomyelitis
that was caused in fact by the administration of a human papillomavirus vaccine he received on
March 1, 2022. Petition at 1, 3. On February 2, 2024, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for
compensation under the terms of the Act, and on February 12, 2024, the Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation for P.A.C.’s injury. ECF No.
16; ECF No. 17.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner, for the benefit of P.A.C., should be awarded
$140,00.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

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B. Past Unreimbursable Expenses
Respondent proffers that petitioner should be awarded past unreimbursable expenses in
the amount of $377.32. Petitioner agrees.
C. Health Management Systems of Alabama Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy a Health
Management Systems (“HMS”) of Alabama Medicaid Lien in the amount of $20,355.60, which
represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action
may have against any individual as a result of any Medicaid payments that HMS of Alabama has
made to or on behalf of P.A.C. from the date of his eligibility for benefits through the date of
judgment in this case as a result of his vaccine-related injury suffered on or about March 1, 2022,
under Title XIX of the Social Security Act. Petitioner agrees.
These amounts represent all elements of compensation to which petitioner, on P.A.C.’s
behalf, is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner for P.A.C. should be
made through a combination of lump sum payments as described below, and request that the
Special Master’s decision and the Court’s judgment award the following:1
A. A lump sum payment of $140,000.00 in the form of a check payable to petitioner as
guardian/conservator of P.A.C., for the benefit of P.A.C. No payments shall be made
1 Should P.A.C. die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, lost future earnings, and future pain and suffering.
2

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until petitioner provides respondent with documentation establishing that she has
been appointed as the guardian/conservator of P.A.C.’s estate. If petitioner is not
authorized by a court of competent jurisdiction to serve as guardian/conservator of the
estate of P.A.C., any such payment shall be made to the party or parties appointed by
a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of
P.A.C. upon submission of written documentation of such appointment to the
Secretary. Petitioner agrees P.A.C. is a minor child. Petitioner must file evidence of
guardianship.
B. A lump sum payment of $377.32, representing compensation for past unreimbursable
expenses, in the form of a check payable to petitioner.
C. A lump sum payment of $20,355.60, representing compensation for satisfaction of an
HMS of Alabama Medicaid lien, payable jointly to petitioner and
Alabama Medicaid Subrogation Unit
301 Technacenter Drive
Montgomery, AL 36117
Case No.: 225082
Petitioner agrees to endorse this payment to HMS of Alabama.
Summary of Recommended Payments Following Judgment
A. Lump sum payable to petitioner as guardian/conservator of
the estate of P.A.C. for the benefit of P.A.C.: $140,000.00
B. Past unreimbursable expenses payable to petitioner: $377.32
C. Medicaid lien: $20,355.60
3

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Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Zoë R. Wade
ZOË R. WADE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 616-4118
zoe.wade@usdoj.gov
Date: June 24, 2024
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