In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1130V
UNPUBLISHED
ANGELA BEASLEY, Chief Special Master Corcoran
Petitioner, Filed: January 15, 2020
v.
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Tetanus
Diphtheria acellular Pertussis (Tdap)
Respondent. Vaccine; Influenza (“flu”); Shoulder
Injury Related to Vaccine
Administration (SIRVA)
Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION 1
On August 2, 2018, Angela Beasley, 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 related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) and tetanus diphtheria
acellular pertussis (“Tdap”) vaccinations. Petition at 1; Stipulation, filed January 13,
2020, at ¶¶ 1. Petitioner further alleges that the vaccinations were administered within
the United States; that she experienced the residual effects of her injury for more than
six months; and that there has been no prior award or settlement of a civil action for
damages as a result of her SIRVA and residual effects. Petition at 3-4; Stipulation at ¶¶
3-5.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
required 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). 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.
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).
On January 13, 2020, 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 $150,000.00 consisting of $85,000.00 for pain and suffering,
$6,320.38 for past unreimbursed expenses, and $58,679.62 for lost
earnings) 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 § 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 the 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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
ANGELA BEASLEY, )
)
Petitioner, )
) No. 18-1130V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Angela Beasley (“petitioner”) filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly sustained following
petitioner’s receipt of influenza (“flu”) and tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccines, which vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a).
2. Petitioner received flu and Tdap vaccines intramuscularly in her right arm on
October 3, 2016.
3. The vaccines were administered within the United States.
4. Petitioner alleges that she sustained the first symptom or manifestation of onset of
a right Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the time period set
forth in the Table. Petitioner further alleges that she experienced the residual effects of her
SIRVA for more than six months.
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5. There is not a preponderance of the evidence demonstrating that petitioner’s
SIRVA and residual effects were due to a factor unrelated to her October 3, 2016 flu and Tdap
vaccines.
6. Petitioner represents that there has been no prior award or settlement of a civil
action for damages as a result of her right SIRVA and residual effects.
7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine
Program for her right SIRVA. Therefore, 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)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $150,000.00 (consisting of $85,000.00 for pain and
suffering, $6,320.38 for past unreimbursed expenses, and $58,679.62 for
lost earnings) in the form of a check payable to petitioner, Angela Beasley,
which amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(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-21(a)(1), 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 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-15(g), to the extent that payment has been made or can reasonably be
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expected to be made under any 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 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 statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys’ fees and litigation costs, 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-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(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 Secretary of
Health and Human Services and the United States of America 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-10 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 flu and Tdap vaccines
administered on October 3, 2016, as alleged by petitioner in a petition for vaccine compensation
filed on or about August 2, 2018, in the United States Court of Federal Claims as petition No.
18-1130V.
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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 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 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 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. All rights and obligations of petitioner hereunder shall apply equally to
petitioner’s heirs, successors and/or assigns.
END OF STIPULATION
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Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AVTHORJZED REPRESEI'i'TATIVE
PETITIOI\ER: OF THE ATTORNEY GE1''ERAL:
h1fz/7--z---
M. CAy RAGSDALE
-t---- _ _
E. REEVES
.1 ~
Ragsdale LLC -...- irector
517 Beacon Parkway West Torts Branch, Civil Division
Birmingham, AL 35209 U.S. Department of Justice
(205) 290-6800 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTOR.'lEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPO~DENT:
AND HUMAN SERVICES:
TAMARA OVERBY VORIS E.
Acting Director, Division of Injury
Compensation Programs (DJCP)
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08N 1468 Washington, DC 20044-0146
Rockville, MD 20857 (202) 616-4136
Dated: I / 1~ , '2--0 'l--0
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