VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00039
Package ID: USCOURTS-cofc-1_12-vv-00039
Petitioner: Shannon Barry
Filed: 2012-01-19
Decided: 2017-03-06
Vaccine: influenza
Vaccination date: 2009-01-21
Condition: Postural Orthostatic Tachycardia Syndrome (POTS)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Shannon Barry filed a petition on January 19, 2012, alleging that an influenza vaccination she received on January 21, 2009 caused her to develop postural orthostatic tachycardia syndrome (POTS), with residual effects lasting more than six months.

Respondent denied that the flu vaccine caused petitioner's POTS or any other injury. Nonetheless, both parties agreed in a stipulation filed June 23, 2016 to settle the case. Chief Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $40,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a).

On October 25, 2016, Chief Special Master Dorsey awarded attorneys' fees and costs as follows: $78,301.11 to T. Russell Price, Esq.; $67,456.96 to Siri and Glimstad LLP; and $11,122.86 to the Law Offices of Robert J. Krakow, P.C. Krakow subsequently reported an overpayment of $742.89 and remitted it to respondent. On February 9, 2017, Chief Special Master Dorsey issued a final decision acknowledging the repayment and amending the judgment, reflecting corrected fees of $78,301.11 (Price), $67,456.96 (Siri/Glimstad), and $10,379.97 (Krakow).

Theory of causation field:
Flu Jan 21, 2009 → POTS. Residual effects >6 months. Stipulation June 23, 2016; respondent denied causation; CSM Dorsey. $40,000. Fees Oct 25, 2016: $78,301.11 (T. Russell Price) + $67,456.96 (Siri/Glimstad LLP, New York) + $10,379.97 (Krakow PC, after $742.89 overpayment correction). Granule 2 (2017-03-06) = amendment acknowledging Krakow repayment. All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00039-0
Date issued/filed: 2016-07-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/24/2016) regarding 84 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:12-vv-00039-UNJ Document 88 Filed 07/15/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-39V
Filed: June 24, 2016
* * * * * * * * * * * * * UNPUBLISHED
SHANNON BARRY, *
*
Petitioner, * Chief Special Master Dorsey
*
v. * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Postural
SECRETARY OF HEALTH * Orthostatic Tachycardia Syndrome
AND HUMAN SERVICES, * (“POTS”)
*
Respondent. *
*
* * * * * * * * * * * * *
Aaron Siri, Siri and Glimstad LLP, New York, NY, for petitioner.
Alexis B. Babcock, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On January 19, 2012, Shannon Barry (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to 34 (2012). The
petition alleged that, as a result of receiving an influenza (“flu”) vaccination on January 21,
2009, petitioner suffered from Postural Orthostatic Tachycardia Syndrome (“POTS”).
Stipulation at ¶ 2, 4. Petitioner further alleged that she experienced the residual effects of this
condition for more than six months. Id. at ¶ 4.
On June 23, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccine caused petitioner’s
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the
undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14
days within which to request redaction “of any information furnished by that party: (1) that is a trade
secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood
Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§
300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the
Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:12-vv-00039-UNJ Document 88 Filed 07/15/16 Page 2 of 7
alleged POTS or any other injury or condition. Stipulation at ¶ 6. Nevertheless, the parties agree
to the joint stipulation, attached hereto as Appendix A. 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 the following in compensation:
(1) A lump sum of $40,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief 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.
2

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Case 1:12-vv-00039-UNJ Document 88 Filed 07/15/16 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00039-2
Date issued/filed: 2017-03-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/09/2017) regarding 104 DECISION of Special Master Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:12-vv-00039-UNJ Document 105 Filed 03/06/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 9, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * *
SHANNON M. BARRY, *
* Chief Special Master Dorsey
Petitioner, *
v. * Case No. 12-039V
*
SECRETARY OF HEALTH * Decision Acknowledging
AND HUMAN SERVICES, * Repayment of Additional
* Compensation; Amending
Respondent. * Judgment.
* * * * * * * * * * * * * * * * * * * * * * * * *
Aaron Siri, Siri and Glimstad LLP, New York, New York, for petitioner.
Alexis Babcock, United States Department of Justice, Washington, D.C., for respondent.
DECISION ORDERING REPAYMENT OF EXCESS ATTORNEYS’ FEES AND
ORDERING AMENDMENT OF THE JUDGMENT1
On January 19, 2012, Shannon Barry (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program. 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner
alleged that, as a result of receiving an influenza (“flu”) vaccination on January 21, 2009, she
suffered from Postural Orthostatic Tachycardia Syndrome (“POTS”). Petition at Preamble. On
June 24, 2016, the undersigned issued a decision based on the parties’ stipulation and awarded
petitioner $40,000.00 in compensation. Decision at 2.
On October 25, 2016, the undersigned issued a decision based on petitioner’s motion for
attorneys’ fees and costs. Petitioner’s attorneys were awarded compensation for attorneys’ fees
and costs in the following amounts: $78,301.11 to T. Russell Price, Esq.; $67,456.96 to Siri and
Glimstad, LLP; and $11,122.86 to Law Offices of Robert J. Krakow, P.C. Decision dated
October 25, 2016 (ECF No. 94) at 15. Judgment entered on October 27, 2016.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note
(2012)(Federal Management and Promotion of Electronic Government Services). As provided
by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
1

Case 1:12-vv-00039-UNJ Document 105 Filed 03/06/17 Page 2 of 2
On December 9, 2016, Mr. Krakow contacted the undersigned’s law clerk via email to
report that an error in the decision resulted in an overpayment to Mr. Krakow in the amount of
$742.89. The undersigned issued an Order directing the parties to file a joint motion to amend
the judgment, which they did on January 6, 2017. See Joint Motion to Amend/Correct (“Joint
Mot.”) dated January 6, 2017 (ECF No. 99). The undersigned granted this motion and issued a
new decision on January 12, 2017, directing Mr. Krakow to remit the overpayment to respondent
and the Clerk of Court to issue a judgment for respondent in the amount of $742.89. After that
decision was issued, Mr. Krakow remitted the $742.89 payment to respondent. Pet’rs’ Ex. 65.
On February 7, 2017, petitioner filed a motion for reconsideration of the undersigned’s
January 12, 2017 decision, requesting that the court modify the part of the decision that directs
the Clerk of Court to enter an additional judgment in favor of respondent. Petitioner argued that
an “additional judgment in favor of respondent” was not necessary and could result in “possible
adverse consequences” to petitioner. Id. at 3. Respondent did not object to petitioner’s request.
Id. at 1. Petitioner’s Motion for Reconsideration (“Pet’r’s Mot.”) dated February 7, 2017 (ECF
No. 102). Pursuant to Vaccine Rule 10(e) of the Rules of the Court of Federal Claims
(“RCFC”), the undersigned granted petitioner’s motion on February 8, 2017, and the January 12,
2017 decision was withdrawn. Order dated February 8, 2017 (ECF No. 103).
Accordingly, the undersigned directs the Clerk of Court to AMEND the October 27,
2016 judgment to reflect that Mr. Krakow has remitted the overpayment of $742.89 to
respondent and that the correct amounts of attorneys’ fees and costs are as follows:
(1) A lump sum of $78,301.11 in the form of a check payable jointly to petitioner
and T. Russell Price, Esq., for attorneys’ fees and costs.
(2) A lump sum of $67,456.96 in the form of a check payable jointly to petitioner
and Siri and Glimstad, LLP, for attorneys’ fees and costs.
(3) A lump sum of $10,379.97 in the form of a check payable jointly to petitioner
and Law Offices of Robert J. Krakow, P.C., for attorneys’ fees and costs.
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.2
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.
2