VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01270
Package ID: USCOURTS-cofc-1_16-vv-01270
Petitioner: Angela Barry
Filed: 2017-01-23
Decided: 2017-11-30
Vaccine: Tetanus-Diphtheria
Vaccination date: 2015-02-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 245000

AI-assisted case summary:
Angela Barry filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a Tetanus Diphtheria vaccine on February 7, 2015. The respondent filed a Rule 4(c) report on January 23, 2017, conceding that Ms. Barry was entitled to compensation. The respondent noted that no other causes were identified for her shoulder injury and that she experienced residual effects of her condition for more than six months. The respondent further agreed that Ms. Barry had satisfied all legal prerequisites for compensation under the Act. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 7, 2017, finding that Ms. Barry was entitled to compensation based on the respondent's concession and the evidence. Subsequently, on November 30, 2017, the parties filed a stipulation to settle the case. Special Master Laura D. Millman reviewed the stipulation, finding its terms reasonable. The court adopted the stipulation and awarded Ms. Barry $245,000.00 in compensation for all damages. The award was to be paid as a lump sum check made payable to the petitioner. Petitioner was represented by Renee J. Gentry of the Vaccine Injury Clinic, George Washington Univ. Law School, and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.

Theory of causation field:
Petitioner Angela Barry alleged a shoulder injury related to vaccine administration (SIRVA) following a Tetanus-Diphtheria vaccine administered on February 7, 2015. The respondent conceded entitlement to compensation, stating no other causes were identified for the shoulder injury and that residual effects lasted more than six months. The Special Processing Unit was assigned to the case. Chief Special Master Nora Beth Dorsey ruled on entitlement on July 7, 2017, finding petitioner entitled based on the respondent's concession. A stipulation for settlement was filed on November 30, 2017, and adopted by Special Master Laura D. Millman on the same date. The stipulation awarded $245,000.00 as a lump sum for all damages. Petitioner was represented by Renee J. Gentry, and respondent by Mallori Browne Openchowski. The theory of causation was based on the Vaccine Injury Table for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01270-0
Date issued/filed: 2017-07-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/23/2017) regarding 20 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01270-UNJ Document 42 Filed 07/07/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1270V
Filed: January 23, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANGELA BARRY, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Tetanus Diphtheria (“Tetanus”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Renee J. Gentry, Vaccine Injury Clinic, George Washington Univ. Law School,
Washington, DC, for petitioner.
Mallori Browne Openchoswki, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 5, 2016, Angela Barry (“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 related
to vaccine administration (“SIRVA”) as a result of receiving a Tetanus Diphtheria
(“Tetanus”) vaccine on February 7, 2015. Petition at Introduction. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 23, 2017, 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 no other causes were identified for
petitioner’s shoulder injury and the medical records show that petitioner suffered the
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-01270-UNJ Document 42 Filed 07/07/17 Page 2 of 2
residual effects of her condition for more than six months. Id. at 5-6. Respondent
further agrees that petitioner has satisfied all legal prerequisites for compensation under
the Act. Id. at 6.
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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01270-1
Date issued/filed: 2017-12-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/30/2017) regarding 55 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Service on parties made.
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Case 1:16-vv-01270-UNJ Document 59 Filed 12/27/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1270V
Filed: November 30, 2017
Not for Publication
*************************************
ANGELA BARRY, *
*
Petitioner, *
*
Damages decision based on
v. *
stipulation; Tetanus-Diphtheria
*
(Tetanus) vaccine; shoulder injury
SECRETARY OF HEALTH *
related to vaccine administration
AND HUMAN SERVICES, *
(SIRVA)
*
Respondent. *
*
*************************************
Renee J. Gentry, Washington, DC, for petitioner.
Mallori B. Openchowski, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On November 30, 2017, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that she suffered from a
shoulder injury related to vaccine administration (“SIRVA”) that was caused by her receipt of
Tetanus-Diphtheria (“Tetanus”) vaccine on February 7, 2015. She further alleges that she
experienced the residual effects of this injury for more than six months. Respondent agrees that
petitioner suffered a SIRVA but denies that the Tetanus vaccine caused any other injury.
Nonetheless, the parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:16-vv-01270-UNJ Document 59 Filed 12/27/17 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$245,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2012). The award shall be in the form of a check for $245,000.00 made payable
to petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: November 30, 2017 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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