VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00192
Package ID: USCOURTS-cofc-1_24-vv-00192
Petitioner: Bert Barclay
Filed: 2024-02-08
Decided: 2025-05-22
Vaccine: Tdap
Vaccination date: 2022-05-06
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 135287

AI-assisted case summary:
Bert Barclay filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered brachial neuritis as a result of a Tdap vaccination he received on May 6, 2022. The respondent conceded that Mr. Barclay's injury was consistent with brachial neuritis as defined by the Vaccine Injury Table, noting that his symptoms first manifested between two and twenty-eight days after vaccination, he received a clinical diagnosis of brachial plexopathy and Parsonage-Turner syndrome, and his EMG findings were consistent with brachial neuritis. The respondent also confirmed that no other condition or abnormality was identified to explain his symptoms and that his injury persisted for more than six months. The case was timely filed, the vaccine was received in the United States, and Mr. Barclay satisfied the statutory severity requirement. The respondent further agreed that the case was appropriate for compensation. Based on the respondent's concession and the evidence, the court found Mr. Barclay entitled to compensation. Subsequently, the respondent proffered an award of $130,000.00 for pain and suffering and $5,287.83 for past unreimbursable expenses, which Mr. Barclay agreed to. The court awarded a total lump sum of $135,287.83.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00192-0
Date issued/filed: 2025-01-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/20/2024) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00192-UNJ Document 19 Filed 01/22/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-192V
BERT BARCLAY, Chief Special Master Corcoran
Petitioner, Filed: December 20, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 8, 2024, Bert Barclay 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 he suffered a Table claim – brachial neuritis (“BN”)
as the result of a tetanus, diphtheria, and acellular pertussis(“Tdap”) vaccination he
received on May 6, 2022. Petition at 1. Petitioner further alleges that he suffered the
residual effects of his injury for more than six months, and that there has been no prior
award or settlement of a civil action on his behalf as a result of his injury. Petition at ¶¶
11-12. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). 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, I agree that
the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:24-vv-00192-UNJ Document 19 Filed 01/22/25 Page 2 of 2
On December 17, 2024, 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. Specifically, Respondent states that he
has concluded that petitioner’s alleged injury is consistent with BN as
defined by the Vaccine Injury Table. Specifically, the medical evidence
demonstrates that petitioner’s brachial neuritis first manifested between two
and twenty-eight days of his receipt of the Tdap vaccine, petitioner received
a clinical diagnosis of brachial plexopathy and Parsonage-Turner
syndrome, the findings of petitioner’s EMG were consistent with brachial
neuritis, and no other condition or abnormality has been identified to explain
petitioner’s symptoms. See 42 C.F.R. § 100.3 (a), (c)(6). Additionally, his
brachial neuritis and its sequela, including pain and weakness, persisted for
greater than six months.
Id. at 11-12. Respondent further agrees that
[w]ith respect to other statutory and jurisdictional issues, the records show
that the case was timely filed, that the vaccine was received in the United
States, and that petitioner satisfies the statutory severity requirement by
suffering the residual effects or complications of his injury for more than six
months after vaccine administration. See 42 U.S.C. §§ 300aa-11(c)(1)(D)(i).
Petitioner avers that neither he nor any other party, has initiated a civil
action to recover for his vaccine-related injury. Petition at 4. Petitioner also
affirms that he has not received any compensation in the form of an award
or settlement for his injury. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00192-1
Date issued/filed: 2025-05-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/18/2025) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00192-UNJ Document 30 Filed 05/22/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-192V
BERT BARCLAY, Chief Special Master Corcoran
Petitioner, Filed: April 18, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Dima Atiya, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 8, 2024, Bert Barclay 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 he suffered a Table claim – brachial neuritis as the
result of a tetanus, diphtheria, and acellular pertussis(“Tdap”) vaccination he received on
May 6, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 20, 2025, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for brachial neuritis. On April 17, 2025, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$130,000.00 for pain and suffering and $5,287.83 for past unreimbursable expenses.
Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). 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, I
agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:24-vv-00192-UNJ Document 30 Filed 05/22/25 Page 2 of 5
proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $135,287.83 (representing $130,000.00 for pain and suffering and
$5,287.83 for past unreimbursable expenses) to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This
amount represents compensation for all damages that would be available under Section
15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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 1:24-vv-00192-UNJ Document 30 Filed 05/22/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BERT BARCLAY, )
)
Petitioner, )
) No. 24-192V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 8, 2024, Bert Barclay (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that he suffered brachial neuritis, as defined in the Vaccine Injury Table,
following administration of a tetanus, diphtheria, and acellular pertussis vaccine he received on
May 6, 2022. Petition at 1. On December 17, 2024, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for
compensation under the terms of the Act for a brachial neuritis Table injury. ECF No. 15. On
December 20, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 17.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $130,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00192-UNJ Document 30 Filed 05/22/25 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $5,287.83. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $135,287.83, to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Bert Barclay: $135,287.83
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:24-vv-00192-UNJ Document 30 Filed 05/22/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ Dima J. Atiya
DIMA JAWAD ATIYA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-9355
Dima.Atiya@usdoj.gov
DATED: April 17, 2025
3