VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00977
Package ID: USCOURTS-cofc-1_14-vv-00977
Petitioner: Jennifer Peabody Barr
Filed: 2015-02-04
Decided: 2015-07-17
Vaccine: trivalent influenza
Vaccination date: 2013-12-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 79602

AI-assisted case summary:
Jennifer Peabody Barr filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury caused by a trivalent influenza vaccination received on December 19, 2013. The respondent conceded that compensation was appropriate, agreeing that the injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that the injury lasted for more than six months. A ruling on entitlement was issued on February 4, 2015, finding Ms. Barr entitled to compensation. Subsequently, on May 13, 2015, the parties filed a proffer on damages, agreeing to an award of $65,000.00 for pain and suffering. The court awarded this lump sum payment. On July 17, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $14,602.60, which was also awarded by the court as a lump sum jointly payable to the petitioner and her counsel.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00977-0
Date issued/filed: 2015-02-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/04/2015) regarding 18 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00977-UNJ Document 20 Filed 02/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-977V
Filed: February 4, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER PEABODY BARR, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Trivalent Influenza or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA; Special
AND HUMAN SERVICES, * Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Sean Lyons, Esq.,Nashville, TN for petitioner.
Claudia Gangi, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On October 14, 2014, Jennifer Peabody Barr filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder
injury which was caused by the trivalent influenza vaccination she received on
December 19, 2013. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 4, 2015, respondent filed her Rule 4(c) report in which she
concedes “that compensation is appropriate in this case.” Respondent’s Rule 4(c)
Report at 3. Specifically, respondent believes “that the alleged injury is consistent with
a shoulder injury related to vaccine administration (“SIRVA”).” Id. Respondent further
agrees that petitioner’s injury lasted for more than six months. Id.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it on the United States Court of Federal Claims' website, 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)). 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.
2 National 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 (2006).

Case 1:14-vv-00977-UNJ Document 20 Filed 02/25/15 Page 2 of 2
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00977-1
Date issued/filed: 2015-06-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/13/2015) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00977-UNJ Document 26 Filed 06/03/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-977V
Filed: May 13, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER PEABODY BARR, *
*
Petitioner, * Damages Decision Based on Proffer;
* Trivalent Influenza or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Sean Lyons, Esq., Nashville, TN, for petitioner.
Claudia Gangi, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 14, 2014, Jennifer Peabody Barr filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq., [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder
injury which was caused by the trivalent influenza vaccination she received on
December 19, 2013. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 4, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On May 13, 2015, respondent filed a proffer on award of compensation
[“Proffer”] indicating petitioner should be awarded “a lump sum of $65,000.00 for her
actual and projected pain and suffering.” Proffer at 2. According to respondent’s
Proffer, petitioner agrees to this proposed amount. Id.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $65,000.00 in the form of a check payable to petitioner, Jennifer
Peabody Barr. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it on the United States Court of Federal Claims' website, 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)). 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.

Case 1:14-vv-00977-UNJ Document 26 Filed 06/03/15 Page 2 of 5
The clerk of the court is directed to enter judgment in accordance with this
decision.2
s/Denise K. Vowell
Denise K. Vowell
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

CCaassee 11::1144--vvvv--0000997777--UUNNJJ DDooccuummeenntt 2246 FFiilleedd 0056//1033//1155 PPaaggee 13 ooff 35
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
JENNIFER PEABODY BARR, )
)
Petitioner, )
) No. 14-977V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT'S PROFFER ON DAMAGES
Respondent submits the following recommendations regarding items of compensation to
be awarded to petitioner under the Vaccine Act.
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, Jennifer Peabody Barr
(“petitioner”) is not entitled to an award for future medical care expenses as provided under 42
U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
Respondent proffers that based upon the evidence of record, petitioner has not and is not
likely to suffer a loss of earnings as a result of her vaccine-related injury as provided under 42
U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
1

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C. Pain and Suffering
Respondent proffers that the Court should award petitioner a lump sum of $65,000.00 for
her actual and projected pain and suffering. This amount reflects that the award for projected
pain and suffering has been reduced to net present value. See § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses
Respondent proffers that based upon the evidence of record, petitioner did not incur any
past unreimbursable expenses related to her vaccine-related injury. Petitioner agrees.
E. Attorneys’ Fees and Costs
This proffer does not address final attorneys’ fees and costs. Petitioner is entitled to
reasonable attorneys’ fees and costs, to be determined at a later date upon petitioner filing
substantiating documentation.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below and request that the Chief Special Master’s
decision and the Court’s judgment award the following: a lump sum payment of $65,000.00
(representing compensation for actual and projected pain and suffering), in the form of a check
payable to petitioner. 1
III. Summary of Recommended Payment Following Judgment
Lump Sum paid to petitioner: $65,000.00
1 Should Jennifer Peabody Barr die prior to entry of judgment, respondent would oppose any
award for future medical expenses, future lost earnings, and future pain and suffering, and the
parties reserve the right to move the Court for appropriate relief.
2

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Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4138
Dated: May 13, 2015
3

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00977-2
Date issued/filed: 2015-07-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/19/2015) regarding 31 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00977-UNJ Document 32 Filed 07/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-977V
Filed: June 19, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER PEABODY BARR, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Sean Lyons, Esq., Nashville, TN, for petitioner.
Claudia Gangi, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On October 14, 2014, Jennifer Peabody Barr filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq., [the “Vaccine Act” or “Program”]. Petitioner alleged that she suffered a shoulder
injury which was caused by the trivalent influenza vaccination she received on
December 19, 2013. Petition at 1. On May 13, 2015, I issued a decision awarding
compensation to petitioner based on respondent’s proffer.
On June 19, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $14,602.60 in attorneys’ fees and costs. In accordance with General Order
#9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, 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)). In accordance with Vaccine Rule 18(b), petitioners have 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.

Case 1:14-vv-00977-UNJ Document 32 Filed 07/17/15 Page 2 of 2
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total $14,602.602 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Sean W. Lyons.
The clerk of the court shall enter judgment in accordance herewith.3
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2