VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00476
Package ID: USCOURTS-cofc-1_21-vv-00476
Petitioner: Tammy Barton
Filed: 2021-01-11
Decided: 2024-05-28
Vaccine: influenza
Vaccination date: 2019-11-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Tammy Barton filed a petition on January 11, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 21, 2019. Petitioner claimed this injury was a Table injury or, alternatively, that the vaccine caused her shoulder injury, and that she experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Petitioner to suffer a SIRVA Table Injury, that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury, and also denied that Petitioner’s current condition was a sequela of a vaccine-related injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on May 1, 2024. Chief Special Master Brian H. Corcoran reviewed the file and adopted the parties' stipulation, concluding it was reasonable. The stipulation awarded Tammy Barton a lump sum of $100,000.00, payable by check to Petitioner, representing all damages available under the Act. The decision directed the Clerk of the Court to enter judgment accordingly. Maximillian J. Muller of Muller Brazil, LLP, represented the Petitioner, and Katherine Edwards of the U.S. Department of Justice represented the Respondent. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.

Theory of causation field:
Petitioner Tammy Barton alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 21, 2019. The petition claimed the injury was a Table injury or, alternatively, vaccine-caused, with residual effects lasting over six months. Respondent denied the vaccine caused a SIRVA Table Injury or any other injury. The parties stipulated to settle, with the Special Master adopting the stipulation. The award was $100,000.00. The public text indicates a "Table" theory was considered, but does not detail specific medical experts, competing medical theories, or the specific mechanism of injury. Petitioner counsel was Maximillian J. Muller (Muller Brazil, LLP), and Respondent counsel was Katherine Edwards (U.S. Dep’t of Justice). Chief Special Master Brian H. Corcoran issued the decision on May 28, 2024.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00476-0
Date issued/filed: 2024-05-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/02/2024) regarding 51 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (mva) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00476-UNJ Document 57 Filed 05/28/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-476V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
TAMMY BARTON, * Chief Special Master Corcoran
*
Petitioner, * Filed: May 2, 2024
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Edwards, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Tammy Barton filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petitioner alleges that
she sustained a shoulder injury related to vaccine administration (“SIRVA”) after receipt of an
influenza (“flu”) vaccine on November 21, 2019, and within the time period set forth in the Table,
or in the alternative, that her alleged shoulder injury was caused by the vaccine. Petition (ECF No.
1). Moreover, Petitioner alleges that she experienced residual effects of this injury for more than
six months.
Respondent denies that the flu vaccine caused Petitioner to suffer a SIRVA Table Injury,
that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury. Respondent also
1Under Vaccine Rule 18(b), each party has fourteen (14) days within which to request redaction “of any information
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public
in its present form. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:21-vv-00476-UNJ Document 57 Filed 05/28/24 Page 2 of 7
denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Nonetheless both
parties, while maintaining their above-stated positions, agreed in a stipulation3 (filed on May 1,
2024) that the issues before them could be settled, and that a decision should be entered awarding
Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
• A lump sum of $100,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made 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.4
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 To avoid the unnecessary disclosure of Petitioner’s personal information, the Vinesign form included in the originally
filed Stipulation has been removed from the copy of the Stipulation attached to this Decision.
4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

Case 1:21-vv-00476-UNJ Document 57 Filed 05/28/24 Page 3 of 7

Case 1:21-vv-00476-UNJ Document 57 Filed 05/28/24 Page 4 of 7

Case 1:21-vv-00476-UNJ Document 57 Filed 05/28/24 Page 5 of 7

Case 1:21-vv-00476-UNJ Document 57 Filed 05/28/24 Page 6 of 7

Case 1:21-vv-00476-UNJ Document 57 Filed 05/28/24 Page 7 of 7