VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00506
Package ID: USCOURTS-cofc-1_16-vv-00506
Petitioner: Terry Bartee
Filed: 2016-11-07
Decided: 2017-04-27
Vaccine: influenza
Vaccination date: 2014-12-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 71450

AI-assisted case summary:
Terry Bartee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered injuries to his left shoulder after receiving the influenza vaccine on December 11, 2014. The respondent, the Secretary of Health and Human Services, conceded that Mr. Bartee's left shoulder injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that it was caused in fact by the flu vaccine. The respondent also noted that no other causes for the SIRVA were identified and that Mr. Bartee suffered the sequelae of his injury for more than six months, thus meeting the statutory requirements for entitlement. Based on the respondent's concession and the evidence, the court found Mr. Bartee entitled to compensation. Subsequently, the parties submitted a proffer for damages. The respondent proffered an award of $71,450.92, which included $70,000.00 for pain and suffering and $1,450.92 to satisfy a State of California Medicaid lien. Mr. Bartee agreed with this proffered award. The court accepted the proffer and awarded Mr. Bartee the specified amounts, directing that the compensation for the Medicaid lien be paid jointly to Mr. Bartee and the State of California.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00506-0
Date issued/filed: 2017-03-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/07/2016) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties.
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Case 1:16-vv-00506-UNJ Document 43 Filed 03/07/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-506V
Filed: November 7, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TERRY BARTEE, *
*
Petitioner, *
* Ruling on Entitlement; Concession;
v. * Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 25, 2016, Terry Bartee (“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 he suffered injuries to his
left shoulder after receiving the influenza (“flu”) vaccine on December 11, 2014. Petition
at 1. Petitioner further alleges that he received the vaccine in the Untied State, that he
has suffered the residual effects of his injury for more than six months, and that neither
he nor any other party has received compensation for his injury alleged as vaccine
caused. Id. at ¶¶ 5, 16, 18-19. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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-00506-UNJ Document 43 Filed 03/07/17 Page 2 of 2
On November 7, 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 “has determined that petitioner’s left shoulder
injury is consistent with SIRVA, and that it was caused in fact by the flu vaccine he
received on December 11, 2014.” Id. at 3. Respondent further indicates “did not
identify any other causes for petitioner’s SIRVA, and records show that he suffered the
sequela of his injury for more than six months.” Id. Thus, petitioner “has met the
statutory requirements for entitlement to compensation.” Id. (citations omitted).
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00506-1
Date issued/filed: 2017-04-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/06/2017) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00506-UNJ Document 44 Filed 04/27/17 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0506V
Filed: January 6, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TERRY BARTEE, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 25, 2016, Terry Bartee (“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 he suffered injuries to his
left shoulder after receiving the influenza (“flu”) vaccine on December 11, 2014. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 7, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for his shoulder injury related to vaccine
administration (“SIRVA”). On January 6, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $71,450.92,
representing $70,000.00 in compensation for actual and projected pain and suffering to
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-00506-UNJ Document 44 Filed 04/27/17 Page 2 of 5
which petitioner would be entitled and $1,450.92 to satisfy the State of California lien.
Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the
proffered award. Id. at 1. 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 payment as follows:
1. A lump sum payment of $70,000.00, the form of a check payable to
petitioner; and
2. A lump sum of $1,450.92, which amount represents reimbursement of
a Medicaid lien, in the form of a check payable jointly to petitioner and
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Petitioner agrees to endorse this check to the State of California.
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-00506-UNJ Document 44 Filed 04/27/17 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
TERRY BARTEE, )
)
Petitioner, )
) No. 16-506
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on November 7, 2016.
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in 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 petitioner should not be awarded any past unreimbursable
expenses related to her vaccine injury. Petitioner agrees.
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner’s vaccine-related
injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner
should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). Petitioner agrees.
1

Case 1:16-vv-00506-UNJ Document 44 Filed 04/27/17 Page 4 of 5
D. Medicaid Lien
Respondent proffers that Terry Bartee should be awarded funds to satisfy the State of
California lien in the amount of $1,450.92, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of California may have against
any individual as a result of any Medicaid payments the State of California has made to or on
behalf of Terry Bartee from the date of his eligibility for benefits through the date of judgment in
this case as a result of his vaccine-related injury suffered on or about December 11, 2014, under
Title XIX of the Social Security Act.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following:1
A. a lump sum payment of $70,000.00, representing compensation for actual
and projected pain and suffering in the form of a check payable to
petitioner; and
B. a lump sum payment of $1,450.92 representing compensation for satisfaction of
the State of California Medicaid lien, payable jointly to petitioner and
Department of Health Care Services
Recovery Branch – MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Petitioner agrees to endorse this payment to the State of California.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future pain and
suffering.
2

Case 1:16-vv-00506-UNJ Document 44 Filed 04/27/17 Page 5 of 5
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Tort Branch, Civil Division
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: January 6, 2017 Telephone: (202) 616-7678
3