VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00761
Package ID: USCOURTS-cofc-1_15-vv-00761
Petitioner: Brenda K. Barbee
Filed: 2015-07-20
Decided: 2018-04-05
Vaccine: Tdap
Vaccination date: 2014-07-10
Condition: left shoulder pain
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Brenda K. Barbee alleged that a Tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on July 10, 2014, caused her to suffer left shoulder pain. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $65,000.00 as compensation for all damages. Petitioner was represented by Nancy R. Meyers, and respondent by Glenn A. Macleod. The decision date was April 5, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00761-1
Date issued/filed: 2018-04-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/29/2017) regarding 46 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:15-vv-00761-UNJ Document 58 Filed 04/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-761V
Filed: June 29, 2017
UNPUBLISHED
BRENDA K. BARBEE,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Tetanus-
Petitioner,
diphtheria-acellular pertussis (Tdap)
v.
vaccine; Shoulder pain
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nancy R. Meyers, Ward Black Law, P.A., Greensboro, NC, for petitioner.
Glenn A. Macleod, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 20, 2015, petitioner 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 left shoulder pain as a result of her Tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccination administered on July 10, 2014.
Stipulation, filed June 28, 2017, at ¶¶ 2, 4; see generally Petition. Petitioner further
alleges that she received her vaccination in the United States, and that she suffered the
sequela of her injury for more than six months. Stipulation at ¶¶ 3-4; Petition at ¶ 19.
Petitioner additionally represents that there has been no previous award received, or a
settlement of a civil action for damages on her behalf as a result of her injury.
Stipulation at ¶ 5. “Respondent denies that the Tdap vaccine caused petitioner’s
alleged left shoulder pain, or any other injury, and further denies that her current
disabilities are a sequela of a vaccine-related injury. ” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:15-vv-00761-UNJ Document 58 Filed 04/05/18 Page 2 of 7
Nevertheless, on June 28, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $65,000.00 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 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves 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/Nora Beth Dorsey
Nora Beth Dorsey
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.
2

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