VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01863
Package ID: USCOURTS-cofc-1_17-vv-01863
Petitioner: Sharla Bafia
Filed: 2017-12-01
Decided: 2019-10-18
Vaccine: Td
Vaccination date: 2017-02-05
Condition: right shoulder and arm injury
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Sharla Bafia filed a petition for vaccine compensation on December 1, 2017, alleging that a tetanus-diphtheria (Td) vaccine administered on February 5, 2017, caused an injury to her right shoulder and arm. Ms. Bafia stated that the vaccine was administered within the United States and that she experienced residual effects of the injury for more than six months. The respondent denied that the Td immunization caused the alleged injury. Despite this denial, the parties filed a joint stipulation on July 9, 2019, agreeing to settle the case and award compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. Ms. Bafia was awarded $80,000.00 as a lump sum, representing compensation for all damages available under the Vaccine Act. The stipulation also addressed future proceedings for attorneys' fees and costs. This settlement resolves claims for personal injuries resulting from the Td vaccination. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Sharla Bafia received a tetanus-diphtheria (Td) vaccine on February 5, 2017, and alleged an injury to her right shoulder and arm. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The Td vaccine is listed in the Vaccine Injury Table. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The parties agreed to a settlement, and Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $80,000.00 as a lump sum for all damages. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Ryan Daniel Pyles. The decision was issued on October 18, 2019.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01863-0
Date issued/filed: 2019-10-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/09/2019) regarding 36 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01863-UNJ Document 40 Filed 10/18/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1863V
Filed: July 9, 2019
UNPUBLISHED
SHARLA BAFIA,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Tetanus-
Diphtheria (Td) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 1, 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 an injury to her right shoulder and
arm as the result of a tetanus-diphtheria (“Td”) vaccine administered on February 5,
2017. Petition at 1; Stipulation, filed July 9, 2019, at ¶¶ 2, 4. Petitioner further alleges
that the vaccine was administered within the United States, that she experienced the
residual effects of this injury for more than six months, and that there has been no prior
award or settlement of a civil action for damages as a result of her condition. Petition at
2; Stipulation at ¶¶ 3-5. “Respondent denies that the Td immunization is the cause of
petitioner’s alleged right shoulder/arm injury and/or any other injury. ” Stipulation at ¶ 6.
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-01863-UNJ Document 40 Filed 10/18/19 Page 2 of 7
Nevertheless, on July 9, 2019, 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 $80,000.00 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 1:17-vv-01863-UNJ Document 40 Filed 10/18/19 Page 3 of 7
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SHARLA BAFIA,
Petitioner,
v. No. 17-1863V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Sharla Bafia ("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 a tetanus-diphtheria ("Td") vaccine, which vaccine is contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a Td vaccine on or about February 5, 2017, in her right deltoid.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the Td vaccine caused her to develop an injury to her right
shoulder and arm and that she experienced residual effects of this injury for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.

Case 1:17-vv-01863-UNJ Document 40 Filed 10/18/19 Page 4 of 7
6. Respondent denies that the Td immunization is the cause of petitioner's alleged right
shoulder/arm injury and/or any other injury.
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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $80,000.00 in the form of a check payable to petitioner. This amount
represents all compensation for damages that would be available under 42 U.S.C.
§ 300aa-15(a) for injuries allegedly related to petitioner's receipt of the Td vaccine.
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 ~o 42
U.S.C. § 300aa-2l(a)(l), 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.
I 0. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including 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 entities that provide health services on a pre-paid basis.
2

Case 1:17-vv-01863-UNJ Document 40 Filed 10/18/19 Page 5 of 7
11. Payment made pursuant to paragraph 8 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.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, 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 and/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 or 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 Td vaccination administered on or
about February 5, 2017, as alleged by petitioner in a petition for vaccine compensation filed on
or about December 1, 2017, in the United States Court of Federal Claims as petition No. l 7-
1863V.
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.
3

Case 1:17-vv-01863-UNJ Document 40 Filed 10/18/19 Page 6 of 7
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.
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 Td vaccine caused petitioner's alleged right
shoulder/arm injury and/or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
I
I
I
I
I
I
I
4

Case 1:17-vv-01863-UNJ Document 40 Filed 10/18/19 Page 7 of 7
Respectfully submitted,
ATTORNEY OF RECORD FOR AUTHORlZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ VEGS ,------'
1717 K Street NW, Ste. Deputy Director
Washington, DC 20006 Torts Branch
(202) 775-9200 Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
P~ )),11 JI.
NARAYAN NAIR, M.i:Y. Rvifft.=PYLES¥-1{?:
Director, Division oflnjury Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08Nl46B Washington, DC 20044-0146
Rockville, MD 20857 (202) 616-9847
5