Brenda K. Barbee v. HHS - Tdap, left shoulder pain (2018)

Brenda K. Barbee filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2015.

She alleged that she suffered left shoulder pain as a result of a Tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on July 10, 2014. Ms.

Barbee stated that the vaccination occurred in the United States and that the resulting injury persisted for more than six months. She also represented that she had not received any previous award or settled a civil action for damages related to this injury.

The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms. Barbee's alleged left shoulder pain or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury.

Despite the respondent's denial, the parties filed a joint stipulation on June 28, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, Ms. Barbee was awarded a lump sum of $65,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act.

The decision was issued on April 5, 2018. Petitioner's counsel was Nancy R.

Meyers of Ward Black Law, P.A., and respondent's counsel was Glenn A. Macleod of the U.S.

Department of Justice.