VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01287
Package ID: USCOURTS-cofc-1_17-vv-01287
Petitioner: Barbara M. McDaniel
Filed: 2017-09-18
Decided: 2018-12-06
Vaccine: Tdap
Vaccination date: 2016-11-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 173443

AI-assisted case summary:
Barbara M. McDaniel filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus/diphtheria (Td) vaccine on November 1, 2016. The respondent conceded that her injury was consistent with SIRVA, as defined on the Vaccine Injury Table, and found her entitled to compensation. A ruling on entitlement was issued on August 10, 2018. Subsequently, on October 4, 2018, the respondent filed a proffer on award of compensation, proposing an award of $173,443.45. This amount included $107,500.00 for pain and suffering, $1,240.65 for unreimbursable out-of-pocket expenses, and $64,702.80 for lost wages. The petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding the lump sum of $173,443.45 to Barbara M. McDaniel on December 6, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01287-0
Date issued/filed: 2018-10-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/10/2018) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01287-UNJ Document 37 Filed 10/22/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1287V
Filed: August 10, 2018
UNPUBLISHED
BARBARA M. MCDANIEL,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Tetanus Diphtheria
SECRETARY OF HEALTH AND (“Td”) Vaccine; Shoulder Injury
HUMAN SERVICES, Related to Vaccine Administration
(SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Sherry Denise Soanes, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 18, 2017, 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”) after receiving a tetanus/diphtheria vaccine on November 1,
2016. Petition at 1, ¶¶ 1, 11. Petitioner further alleges that she received the vaccination
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 a civil action or received
compensation for her injury, alleged as vaccine caused. Id. at ¶¶ 1, 11-12. 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. 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 1:17-vv-01287-UNJ Document 37 Filed 10/22/18 Page 2 of 2
On August 9, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 7. Specifically, respondent “has determined that Petitioner’s right shoulder injury is
consistent with SIRVA, as defined on the Vaccine Injury Table.” Id. at 7.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01287-1
Date issued/filed: 2018-12-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/05/2018) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01287-UNJ Document 38 Filed 12/06/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1287V
Filed: October 5, 2018
UNPUBLISHED
BARBARA M. MCDANIEL,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Tetanus Diphtheria (Td) Vaccine;
v.
Shoulder Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 18, 2017, 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”) after receiving a tetanus/diphtheria vaccine on November 1,
2016. Petition at 1, ¶¶ 1, 11. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 10, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her SIRVA. On October 4, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $173,443.45,
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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 1:17-vv-01287-UNJ Document 38 Filed 12/06/18 Page 2 of 4
representing $107,500.00 for pain and suffering, $1,240.65 for unreimbursable out-of-
pocket expenses, and $64,702.80 for lost wages. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Id. 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 a lump sum payment of $173,443.45, representing $107,500.00 for pain
and suffering, $1,240.65 for unreimbursable expenses, and $64,702.80 for lost
wages in the form of a check payable to petitioner, Barbara M. McDaniels. This
amount represents compensation for all damages that would be available under § 15(a).
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 1:17-vv-01287-UNJ Document 38 Filed 12/06/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BARBARA MCDANIEL,
Petitioner,
No. 17-1287V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On August 9, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury. On August 10, 2018, the Chief Special Master issued a Ruling on
Entitlement adopting respondent’s recommendation.
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$173,443.45. This is comprised of pain and suffering ($107,500.00), unreimbursable out of
pocket expenses ($1,240.65), and lost wages ($64,702.80), and represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner
agrees.
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 medical
expenses and future pain and suffering.
1

Case 1:17-vv-01287-UNJ Document 38 Filed 12/06/18 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $173,443.45 in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: October 4, 2018
2 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
2