VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00147
Package ID: USCOURTS-cofc-1_16-vv-00147
Petitioner: Brandie Sanders
Filed: 2016-08-31
Decided: 2016-11-02
Vaccine: Tdap
Vaccination date: 2015-02-14
Condition: shoulder injury
Outcome: compensated
Award amount USD: 132000

AI-assisted case summary:
On February 2, 2016, Brandie Sanders filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury as a result of receiving a Tetanus, Diphtheria [acellular] Pertussis (Tdap) vaccine on February 14, 2015. Petitioner further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that the Tdap immunization caused the alleged shoulder injury or any other injury or condition. Nevertheless, on August 31, 2016, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Brandie Sanders was awarded a lump sum of $132,000.00, representing compensation for all items of damages available under the Vaccine Act. This decision was based on the joint stipulation of the parties. Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP. Respondent counsel was Traci R. Patton of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury and any expert testimony are not detailed in the public decision.

Theory of causation field:
Petitioner Brandie Sanders alleged a shoulder injury resulting from a Tetanus, Diphtheria [acellular] Pertussis (Tdap) vaccine administered on February 14, 2015, with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation as the decision. Petitioner was awarded $132,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via joint stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00147-0
Date issued/filed: 2016-11-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/31/2016) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00147-UNJ Document 28 Filed 11/02/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0147V
Filed: August 31, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRANDIE SANDERS, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Tetanus Diphtheria Acellular Pertussis
* (“Tdap”) Vaccine; Left Shoulder Injury;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 2, 2016, Brandie Sanders (“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 a shoulder
injury as a result of receiving a “Tetanus, Diphtheria [acellular] Pertussis” (“Tdap”)
vaccine, on February 14, 1015. Petition at 1; Stipulation, filed August 31, 2016, at ¶ 2,
4. Petitioner further alleges that she experienced the residual effects of this injury for
more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent denies that the
Tdap immunization is the cause of petitioner’s alleged shoulder injury or any other injury
or condition.” Stipulation at ¶ 6.
Nevertheless, on August 31, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-00147-UNJ Document 28 Filed 11/02/16 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $132,000.00, 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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