United States Court of Federal Claims, 2017

Shackleford v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 16, 2017 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1424V Filed: October 31, 2016 UNPUBLISHED **************************** RON SHACKLEFORD, * * Petitioner, * v. * Joint Stipulation on Damages; * Tetanus Vaccine; Radial Nerve Injury; SECRETARY OF HEALTH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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 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 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

3 Petitioner agrees to endorse this payment to the State of Georgia. 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.

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