VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00014
Package ID: USCOURTS-cofc-1_16-vv-00014
Petitioner: Barbie Smoot
Filed: 2016-01-04
Decided: 2016-10-06
Vaccine: Tdap
Vaccination date: 2015-03-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 101494

AI-assisted case summary:
Barbie Smoot filed a petition for compensation on January 4, 2016, alleging that she suffered an injury to her left shoulder as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on March 12, 2015. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) Report on April 4, 2016, conceding that Ms. Smoot's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that the sequelae lasted more than six months. Based on this concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 6, 2016, finding Ms. Smoot entitled to compensation. Subsequently, on August 4, 2016, the respondent filed a proffer on the award of compensation. The proffer recommended a total award of $101,494.63, consisting of $100,000.00 for pain and suffering and $1,494.63 for past unreimbursable expenses. The petitioner agreed to this award. On October 6, 2016, Chief Special Master Dorsey issued a decision awarding Ms. Smoot a lump sum payment of $101,494.63, payable by check to petitioner, representing compensation for all damages available under the National Vaccine Injury Compensation Program. Petitioner was represented by Amber Wilson of Maglio Christopher and Toale, PA, and respondent was represented by Claudia Gangi of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms. Smoot, nor does it name any medical experts.

Theory of causation field:
Petitioner Barbie Smoot alleged injury following a Tdap vaccination on March 12, 2015. The alleged injury was shoulder injury related to vaccine administration (SIRVA). Respondent conceded that the injury was consistent with SIRVA and that the sequelae lasted more than six months. The case proceeded under the "Table" theory of causation, as indicated by the respondent's concession and the nature of the injury. No specific medical experts were named in the public decision. The Special Master ruled on entitlement on April 6, 2016, finding petitioner entitled to compensation. A subsequent decision on October 6, 2016, awarded petitioner a lump sum of $101,494.63, comprising $100,000.00 for pain and suffering and $1,494.63 for past unreimbursable expenses, based on a proffer agreed to by both parties. Petitioner was represented by Amber Wilson (Maglio Christopher and Toale, PA), and respondent was represented by Claudia Gangi (U.S. Department of Justice). Chief Special Master Nora Beth Dorsey presided over the case.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00014-0
Date issued/filed: 2016-05-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/06/2016) regarding 12 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00014-UNJ Document 16 Filed 05/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0014V
Filed: April 6, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BARBIE SMOOT, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-diphtheria-acellular pertussis
v.
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher and Toale, PA, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 4, 2016, Barbie Smoot (“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” or “Program”). Petitioner alleges that as a result of receiving a
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on March 12, 2015, she suffered
an injury to her left shoulder. Petition at 1-2. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On April 4, 2016, respondent filed her Rule 4(c) Report in which she concedes
that petitioner is entitled to compensation in this case. Rule 4(c) Rep. at 1. Specifically,
respondent concludes that petitioner’s alleged injury is consistent with shoulder injury
related to vaccine administration (“SIRVA”). Id. at 3. Respondent further states that the
records show that petitioner suffered the sequela of this injury for more than six months.
1 Because this unpublished ruling 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 1:16-vv-00014-UNJ Document 16 Filed 05/19/16 Page 2 of 2
Id. Therefore, based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act. Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00014-1
Date issued/filed: 2016-10-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/05/2016) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00014-UNJ Document 28 Filed 10/06/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-14V
Filed: August 5, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BARBIE SMOOT, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus-diphtheria-acellular pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher and Toale, PA, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 4, 2016, 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 an injury to her left shoulder as a
result of receiving a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on March 12,
2015. Petition at 1-2. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 6, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for shoulder injury related to vaccine administration (“SIRVA”). On
August 4, 2016, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $101.494.63 ($100,000.00 for her actual pain
and suffering and $1,494.63 for past reimbursable expenses). Proffer at 1. In the
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 1:16-vv-00014-UNJ Document 28 Filed 10/06/16 Page 2 of 4
Proffer, respondent represented that petitioner agrees with the proffered award. Based
on the
record as a whole, the undersigned finds that petitioner is entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $101,494.63 in the form of a check payable to
petitioner, Barbie Smoot. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
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

Case 1:16-vv-00014-UNJ Document 28 Filed 10/06/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
BARBIE SMOOT, )
)
Petitioner, )
) No. 16-14V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that the Court should award Barbie Smoot a lump sum of
$100,000.00 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 42 U.S.C. § 300aa-
15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Respondent proffers that the Court should award Barbie Smoot a lump sum of $1,494.63
for past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner
agrees.
II. Form of the Award.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
1

Case 1:16-vv-00014-UNJ Document 28 Filed 10/06/16 Page 4 of 4
lump sum payment of $101,494.63, in the form of a check payable to petitioner, which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. §
300aa-15(a).1 Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
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: August 4, 2016
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2