VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01272
Package ID: USCOURTS-cofc-1_16-vv-01272
Petitioner: Cecelia Buchanan
Filed: 2016-10-05
Decided: 2018-02-28
Vaccine: Tdap
Vaccination date: 2014-12-20
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Cecelia Buchanan filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2016. She alleged that the tetanus, diphtheria, acellular pertussis (Tdap) vaccine she received on December 20, 2014, caused her left shoulder injuries. The petition stated that the vaccine was administered in the United States and that she suffered residual effects of her injury for more than six months. Petitioner also represented that no prior action or compensation had been received for her alleged vaccine-caused injuries. The respondent, the Secretary of Health and Human Services, denied that the Tdap immunization caused petitioner's alleged shoulder injuries or any other injury or condition. Despite maintaining their respective positions, the parties filed a joint stipulation on November 16, 2017, agreeing to settle the case. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms. Buchanan was awarded a lump sum of $30,000.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act. This amount represents a compromise of the parties' positions on liability and damages. The stipulation also addressed the process for awarding reasonable attorneys' fees and costs. The decision noted that the public text does not describe the specific onset of symptoms, medical tests performed, or treatments received. The decision was issued on February 28, 2018.

Theory of causation field:
Petitioner Cecelia Buchanan alleged that the tetanus, diphtheria, acellular pertussis (Tdap) vaccine administered on December 20, 2014, caused her left shoulder injuries. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, with the Special Master adopting the stipulation. The public text does not specify the theory of causation, whether it was an "on-Table" or "off-Table" condition, or name any medical experts. The stipulation states that the Tdap vaccine is contained in the Vaccine Injury Table. The outcome was compensated with a $30,000.00 lump sum award. Chief Special Master Nora Beth Dorsey issued the decision on February 28, 2018, based on the stipulation filed November 16, 2017. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Traci R. Patton of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01272-0
Date issued/filed: 2018-02-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/16/2017) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01272-UNJ Document 37 Filed 02/28/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1272V
Filed: November 16, 2017
UNPUBLISHED
CECELIA BUCHANAN,
Special Processing Unit (SPU); Joint
Petitioner,
Stipulation on Damages; Tetanus
v.
Diphtheria acellular Pertussis (Tdap)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND
Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Paul R. Brazil, 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 October 5, 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 left shoulder injuries caused in fact
by the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine she received on
December 20, 2014. Petition at 1, ¶¶ 2, 8; Stipulation, filed Nov. 16, 2017, at ¶¶ 1-2, 4.
Petitioner further alleges that she received the vaccine in the United States, that she
suffered the residual effects of her injury for more than six months, and that neither she
nor any other party has filed an action or received compensation for her injuries alleged
as vaccine caused. Petition at ¶¶ 2, 8-10; Stipulation at ¶¶ 3-5. “Respondent denies
that the Tdap immunization is the cause of petitioner’s alleged shoulder injuries or any
other injury or condition.” Stipulation at ¶ 6.
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-01272-UNJ Document 37 Filed 02/28/18 Page 2 of 7
Nevertheless, on November 16, 2017, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $30,000.00 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 § 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

Case 1:16-vv-01272-UNJ Document 37 Filed 02/28/18 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CECELIA BUCHANAN,
)
)
Petitioner,
) No. 16-1272V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Cecelia Buchanan, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine, which vaccine is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received the Tdap vaccination on December 20, 2014.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered left shoulder injuries as the result of the Tdap
vaccination and that she experienced the residual effects of these conditions for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the Tdap immunization is the cause of petitioner’s alleged
shoulder injuries or any other injury or condition.

Case 1:16-vv-01272-UNJ Document 37 Filed 02/28/18 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $30,000.00, in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts awarded
pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
2

Case 1:16-vv-01272-UNJ Document 37 Filed 02/28/18 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C.
§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the Tdap vaccine administered on or about December 20, 2014, as
alleged by petitioner in a petition for vaccine compensation filed on October 5, 2016, in the
United States Court of Federal Claims as petition No. 16-1272V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

Case 1:16-vv-01272-UNJ Document 37 Filed 02/28/18 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner’s alleged
shoulder injuries or any other injury or her current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

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