VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00370
Package ID: USCOURTS-cofc-1_14-vv-00370
Petitioner: Debra Bub
Filed: 2014-04-30
Decided: 2015-11-05
Vaccine: Tdap
Vaccination date: 2013-08-25
Condition: allergic reaction that damaged her immune system
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Debra Bub filed a petition on April 30, 2014, under the National Vaccine Injury Compensation Program, alleging that a Tetanus-Diptheria-acellular Pertussis (Tdap) vaccination administered on August 25, 2013, caused her to develop an allergic reaction that damaged her immune system. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Petitioner's alleged allergic reaction, immune-mediated condition, or other injury, or her current disabilities. Despite this denial, the parties reached a joint stipulation for damages. On July 3, 2015, Special Master Lisa Hamilton-Fieldman issued a decision adopting the stipulation, awarding Debra Bub $75,000.00 as compensation for all damages. This amount was to be paid as a lump sum via check. The decision noted that the parties had filed a joint stipulation renouncing the right to seek review, expediting the entry of judgment. Subsequently, on October 13, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Hamilton-Fieldman issued a decision on November 5, 2015, approving an award of $19,527.42 for attorneys' fees and costs, payable jointly to Ms. Bub and her counsel, Clifford J. Shoemaker of Shoemaker, Gentry & Knickelbein. The petition was brought in good faith with a reasonable basis for the claim. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of the alleged injury. The attorneys involved were Clifford L. Shoemaker for the Petitioner and Claudia Barnes Gangi for the Respondent.

Theory of causation field:
Petitioner Debra Bub alleged that a Tdap vaccination on August 25, 2013, caused an allergic reaction that damaged her immune system. The respondent denied causation. The parties stipulated to an award of $75,000.00 for all damages, and later stipulated to attorneys' fees and costs of $19,527.42. Special Master Lisa Hamilton-Fieldman approved both stipulations. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00370-0
Date issued/filed: 2015-07-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/3/2015) regarding 37 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00370-UNJ Document 41 Filed 07/24/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-370V
Filed: July 3, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DEBRA BUB, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Tetanus-Diptheria-acellular
* Pertussis (“Tdap”) Vaccine;
SECRETARY OF HEALTH * Allergic Reaction; Damage to
AND HUMAN SERVICES, * Immune System.
*
Respondent. *
* * * * * * * * * * * * * * * *
Clifford L. Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for Petitioner.
Claudia Barnes Gangi, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On April 30, 2014, Debra Bub (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that a Tetanus-Diptheria-acellular Pertussis (“Tdap”) vaccination administered on August 25,
2013 caused her to develop an allergic reaction that damaged her immune system.
On July 2, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the Tdap vaccine caused Petitioner’s
alleged allergic reaction, immune-mediated condition, or other injury, or her current disabilities.
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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (2006) (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 1:14-vv-00370-UNJ Document 41 Filed 07/24/15 Page 2 of 7
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 compensation:
A lump sum of $75,000.00 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).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

CCaassee 11::1144--vvvv--0000337700--UUNNJJ DDooccuummeenntt 3461 FFiilleedd 0077//0224//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000337700--UUNNJJ DDooccuummeenntt 3461 FFiilleedd 0077//0224//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000337700--UUNNJJ DDooccuummeenntt 3461 FFiilleedd 0077//0224//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000337700--UUNNJJ DDooccuummeenntt 3461 FFiilleedd 0077//0224//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000337700--UUNNJJ DDooccuummeenntt 3461 FFiilleedd 0077//0224//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00370-1
Date issued/filed: 2015-11-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/14/2015) regarding 44 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00370-UNJ Document 47 Filed 11/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-370V
Filed: October 14, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DEBRA BUB, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Attorneys’ Fees and Costs;
* Reasonable Amount Requested to
SECRETARY OF HEALTH * Which Respondent Does Not Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Clifford L. Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for Petitioner.
Claudia Barnes Gangi, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On April 30, 2014, Debra Bub (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that a Tetanus-Diptheria-acellular Pertussis (“Tdap”) vaccination administered on August 25,
2013 caused her to develop an allergic reaction that damaged her immune system. On July 3,
2015, the undersigned issued a decision awarding compensation to Petitioner.
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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 1:14-vv-00370-UNJ Document 47 Filed 11/05/15 Page 2 of 2
On October 13, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. Pursuant to their Stipulation, the parties have agreed to an award of $19,527.42 in
attorneys’ fees and costs. In accordance with General Order Number 9, the parties represent that
Petitioner has not incurred any out-of-pocket litigation costs in pursuit of her claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $19,527.42, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Clifford J.
Shoemaker, of the law firm of Shoemaker, Gentry, & Knickelbein.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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