VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00067 Package ID: USCOURTS-cofc-1_16-vv-00067 Petitioner: Barbara Steele Filed: 2016-01-12 Decided: 2019-12-17 Vaccine: Tdap Vaccination date: 2012-11-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 2583262 AI-assisted case summary: Barbara Steele filed a petition on January 12, 2016, seeking compensation under the National Vaccine Injury Compensation Program on behalf of herself. She alleged that the Tetanus-diphtheria-acellular pertussis (Tdap) and influenza (flu) vaccines she received on November 29, 2012, caused her to suffer a shoulder injury related to vaccine administration (SIRVA) in both shoulders. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 23, 2016, conceding that Ms. Steele was entitled to compensation. The respondent agreed that the case was appropriate for compensation under the Act, that Ms. Steele's injury was consistent with SIRVA, and that she had satisfied all legal prerequisites. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 23, 2016, finding that Ms. Steele was entitled to compensation based on the respondent's concession and the evidence. Subsequently, on November 20, 2019, the respondent filed a Proffer on Award of Compensation, to which the petitioner agreed. Special Master Christian J. Moran reviewed the proffer and found it reasonable. On December 17, 2019, Special Master Moran issued a decision awarding Ms. Steele a lump sum payment of $2,583,262.00. This amount was designated as compensation for lost earnings and pain and suffering, representing all damages available under 42 U.S.C. §300aa-15(a). The decision noted that the case was originally filed as Case No. 16-67V and that judgment would be entered according to the decision and the attached proffer, unless a motion for review was filed. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its consistency with SIRVA. Petitioner was represented by Brian Lee Burchett of the Burchett Law Firm, and respondent was represented by Alexis B. Babcock of the U.S. Department of Justice. Theory of causation field: Petitioner Barbara Steele alleged that the Tdap and influenza vaccines administered on November 29, 2012, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement to compensation, agreeing that the injury was consistent with SIRVA, which is a recognized condition on the Vaccine Injury Table. The case proceeded as a Table claim. The public text does not detail specific medical experts, clinical findings, onset, symptoms, tests, treatments, or the precise mechanism of injury. The Special Master Christian J. Moran awarded $2,583,262.00 as a lump sum for lost earnings and pain and suffering, based on a proffer agreed to by both parties. The decision was issued on December 17, 2019. Petitioner's counsel was Brian L. Burchett, and respondent's counsel was Alexis B. Babcock. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00067-0 Date issued/filed: 2016-06-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/23/2016) regarding 19 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00067-UNJ Document 21 Filed 06/17/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0067V Filed: May 23, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * BARBARA STEELE, * * Petitioner, * Ruling on Entitlement; Concession; v. * Tetanus-Diphtheria-Acellular Pertussis * (“Tdap”) and Influenza (“Flu”) Vaccines; SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine AND HUMAN SERVICES, * Administration (“SIRVA”); Special * Processing Unit (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Brian Lee Burchett, Burchett Law Firm, San Diego, CA, for petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On January 12, 2016, Barbara Steele (“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 as a result of receiving the Tetanus-diphtheria-acellular pertussis (“Tdap”) and influenza (“flu”) vaccines on November 29, 2012, she suffered a shoulder injury. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 23, 2016, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that this case is appropriate for compensation under the terms of the Act. Id. Respondent further agrees that petitioner’s injury is consistent with a shoulder injury related to vaccine administration (SIRVA) and that she has satisfied all legal prerequisites for compensation under the Act. Id. 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-00067-UNJ Document 21 Filed 06/17/16 Page 2 of 2 In view of respondent’s concession and the evidence before me, 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-00067-1 Date issued/filed: 2019-12-17 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/21/2019) regarding 100 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (hh) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00067-UNJ Document 108 Filed 12/17/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * BARBARA STEELE, * * No. 16-67V Petitioner, * Special Master Christian J. Moran * v. * Filed: November 21, 2019 * SECRETARY OF HEALTH * Damages; decision based on proffer; AND HUMAN SERVICES, * influenza (“flu”) vaccination; tetanus- * diphtheria-acellular pertussis * (“Tdap”) vaccination; shoulder injury. Respondent. * * * * * * * * * * * * * * * * * * * * * * Brian L. Burchett, Burchett Law Firm, San Diego, CA, for Petitioner; Alexis B. Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION AWARDING DAMAGES1 On January 12, 2016, Barbara Steele filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that the influenza (“flu”) and tetanus-diphtheria-acellular pertussis (“Tdap”) vaccinaations caused her to suffer shoulder injuries related to vaccine administration (“SIRVA”) in both shoulders. On May 23, 2016, the former chief special master ruled, based upon respondent’s concession, see Resp’t’s Rep., filed May 23, 2016, that petitioners are entitled to compensation under the Vaccine Act. On November 20, 2019, respondent filed a Proffer on Award of Compensation, to which petitioner agrees. Based upon the record as a whole, the special master finds the proffer reasonable and that petitioner is entitled to an 1 The E-Government Act, 44 § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:16-vv-00067-UNJ Document 108 Filed 12/17/19 Page 2 of 2 award as stated in the Proffer. Pursuant to the attached Proffer the court awards petitioner: 1. A lump sum payment of $2,583,262.00, representing compensation for lost earnings and pain and suffering, in the form of a check payable to petitioner, Barbara Steele. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 17-1557V according to this decision and the attached proffer.2 Any questions may be directed to my law clerk, Haley Hawkins, at (202) 357-6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.