In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-1116V 

 Filed: November 19, 2018 

UNPUBLISHED 

BEVERLY TOWNE, 

 Petitioner, 

v. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

 Respondent. 

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Tetanus 

Diphtheria acellular Pertussis (Tdap) 

Vaccine; Shoulder Injury Related to 

Vaccine Administration (SIRVA) 

 

Verne E. Paradie, Jr., Paradie, Sherman, et al., Lewiston, ME, for petitioner. 

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master: 

 On September 9, 2016, Dr. Beverly Towne (“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 left 

shoulder injuries caused by a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine 

she received on December 23, 2015. Petition at 1-2; Stipulation, filed November 19, 

2018, at ¶ 4. Petitioner further alleges that she suffered the residual effects of her 

alleged injury for more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent 

denies that petitioner’s alleged shoulder injury and residual effects were caused-in-fact 

by the Tdap vaccine. Respondent further denies that the Tdap vaccine caused 

petitioner any other injury or her current condition.” 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 Because this unpublished decision contains a reasoned explanation for the 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). 
2

Nevertheless, on November 19, 2018, 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 $70,000.00, in the form of a check payable to petitioner, 

Beverly Towne. 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.