In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-492V

Filed: June 3, 2020

UNPUBLISHED

BARRY GEORGE JACKSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Joint Stipulation on Damages; Tdap 

Vaccine; Varicella Vaccine;

Encephalitis; Brachial Neuritis; GBS

Neal Jordan Fialkow, Esq., Pasadena, CA, for petitioner.

Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On May 13, 2015, 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 he suffered encephalitis, shoulder pain, brachial neuritis, 

GBS, joint pain, and headaches as a result of his receipt of the Tdap and varicella 

vaccinations on May 29, 2012. Petition at 1; Stipulation, filed June 3, 2020, at ¶¶ 3-4. 

Petitioner further alleges he experienced the residual effects of his injuries for more than 

six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that the Tdap and/or 

varicella vaccines caused petitioner’s alleged injuries and residual effects, or any other 

injury.” Stipulation at ¶ 6. 

Nevertheless, on June 3, 2020, the parties filed the attached joint stipulation, 

stating that a decision should be entered awarding compensation. I find the stipulation 

reasonable and adopt it as the decision of the Court in awarding damages, on the terms 

set forth therein.

 

1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will 

be posted on the United States Court of Federal Claims’ website in accordance with the E-Government 

Act of 2002. See 44 U.S.C. § 3501 note (2012) (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 the special master, upon review, agrees that the identified material fits within this definition, it will be 

redacted 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

Pursuant to the terms stated in the attached Stipulation, I award the following 

compensation:

A lump sum of $35,000.00 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. 

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/Daniel T. Horner

Daniel T. Horner

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.