VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01019
Package ID: USCOURTS-cofc-1_18-vv-01019
Petitioner: Ashley Barnett
Filed: 2018-07-16
Decided: 2019-10-16
Vaccine: Td
Vaccination date: 2017-06-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 58208

AI-assisted case summary:
Ashley Barnett filed a petition for compensation on July 16, 2018, alleging that a tetanus-diphtheria booster (Td) vaccine administered on June 28, 2017, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement to compensation, agreeing that the injury met the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation. Specifically, the respondent noted that Ms. Barnett had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, and her symptoms were limited to the affected shoulder. Based on the concession and the evidence, the Chief Special Master found Ms. Barnett entitled to compensation. Subsequently, on October 16, 2019, a decision awarding damages was issued. The respondent proffered an award of $58,208.03, which Ms. Barnett agreed to, representing compensation for all damages available under the Vaccine Act. The court awarded this lump sum amount to Ms. Barnett.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01019-0
Date issued/filed: 2019-10-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 7/9/2019) regarding 22 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01019-UNJ Document 29 Filed 10/10/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1019V
Filed: July 9, 2019
UNPUBLISHED
ASHLEY BARNETT,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Tetanus-diphtheria
SECRETARY OF HEALTH AND booster (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.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 16, 2018, 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 as a result of the tetanus-diphtheria booster (“Td”) vaccine
administered on June 28, 2017, she suffered a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 8, 2019, 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 1.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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 ruling 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.

Case 1:18-vv-01019-UNJ Document 29 Filed 10/10/19 Page 2 of 2
Specifically, respondent concluded that petitioner has satisfied the criteria set forth in
the Vaccine Injury Table (“Table”) and Qualifications and Aids to Interpretation (“QAI”)
Id. at 8. Respondent further agrees that “petitioner had no history of pain, inflammation,
or dysfunction in her left shoulder; her pain and reduced range of motion occurred within
48 hours of receipt of an intramuscular vaccination; her symptoms were limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
was identified to explain her symptoms.” Id.
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_18-vv-01019-1
Date issued/filed: 2019-10-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/12/2019) regarding 26 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01019-UNJ Document 30 Filed 10/16/19 Page 1 of 4
Corrected
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1019V
Filed: August 12, 2019
UNPUBLISHED
ASHLEY BARNETT,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Tetanus-diphtheria booster (Td)
SECRETARY OF HEALTH AND
Vaccine; Shoulder Injury Related to
HUMAN SERVICES,
Vaccine Administration (SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 16, 2018, 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 the tetanus-diphtheria booster (“Td”)
administered on June 28, 2017. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 9, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On August 9, 2019, respondent filed a proffer on award of
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 1:18-vv-01019-UNJ Document 30 Filed 10/16/19 Page 2 of 4
compensation (“Proffer”) indicating petitioner should be awarded $58,208.03. 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 $58,208.03 in the form of a check payable to
petitioner, Ashley Barnett. 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 1:18-vv-01019-UNJ Document 30 Filed 10/16/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ASHLEY BARNETT, )
)
Petitioner, ) No. 18-1019V
) Chief Special Master
v. ) Nora Beth Dorsey
) SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On July 16, 2018, Ashley Barnett (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on July 9, 2019. Based on Respondent’s Rule 4(c)
Report, on July 9, 2019, Chief Special Master Dorsey found petitioner entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$58,208.03, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:18-vv-01019-UNJ Document 30 Filed 10/16/19 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 $58,208.03 in the form of a check payable to petitioner.1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
DATED: 9 August 2019
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, future pain and suffering, and future lost wages.
2