Shackleford v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1424V

Filed: October 31, 2016

UNPUBLISHED

**************************** RON SHACKLEFORD, *

*

Petitioner, *

v. * Joint Stipulation on Damages;

* Tetanus Vaccine; Radial Nerve Injury; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

*

Respondent. *

*

**************************** John Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.

Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On November 24, 2015, petitioner 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 alleged that he suffered a radial nerve injury which was caused-in-fact by the tetanus vaccination he received on April 10, 2015. Petition at 1, ¶ 16; see also Stipulation, filed Oct. 31, 2016, at ¶¶ 1, 2, 4. Petitioner further alleged that he has suffered the residual effects of his injury for more than six months and has never filed a civil action or received compensation for his injury, alleged as vaccine caused. Petition at ¶¶ 14-15; see also Stipulation at ¶¶ 4-5. “Respondent denies that petitioner’s tetanus vaccine caused a radial nerve injury or any other injury.” Stipulation at ¶ 6.

Nevertheless, on October 31, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that petitioner shall receive a payment of $144,953.39 as follows:

a. a lump sum payment of $144,461.50 in the form of a check payable solely to petitioner, Ron Shackleford;

b. a lump sum payment of $491.89 in the form of a check payable jointly to petitioner, Ron Shackleford and Georgia Department of Community Health:

Georgia Department of Community Health

900 Circle 75 Parkway

Suite 650 Atlanta, GA 30339 Attn: Milini Taylor

Account Number: 170918/0000257725 representing compensation for satisfaction of the State of Georgia Medicaid lien.3 Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id.

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 is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master