VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00124
Package ID: USCOURTS-cofc-1_13-vv-00124
Petitioner: Vilma Petroff
Filed: 2013-02-15
Decided: 2014-07-03
Vaccine: influenza
Vaccination date: 2010-10-28
Condition: brachial plexus neuropathy
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Vilma Petroff filed a petition on February 15, 2013, alleging that an influenza (flu) vaccination she received on October 28, 2010 caused her to develop brachial plexus neuropathy. Respondent denied that the influenza vaccination caused petitioner to suffer from brachial plexus neuropathy or any other injury or her current condition.

Nonetheless, both parties agreed to a joint stipulation filed May 20, 2014 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $15,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $21,066.94, payable jointly to petitioner and her counsel, Jeffrey S. Pop of Jeffrey S. Pop & Associates. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 28, 2010 → brachial plexus neuropathy. Joint stipulation May 20, 2014; SM Dorsey. Comp $15,000. Fees $21,066.94 (Pop, Jeffrey S. Pop & Associates, Beverly Hills CA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00124-0
Date issued/filed: 2014-06-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/20/2014) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00124-UNJ Document 36 Filed 06/10/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-124V
Filed: May 20, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
VILMA PETROFF, *
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccination;
AND HUMAN SERVICES, * Brachial Plexus Neuropathy.
*
Respondent. *
* * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Justine E. Daigneault, United States Department of Justice, Washington, D.C., for respondent.
DECISION1
On February 15, 2013, Vilma Petroff (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Ms.
Petroff alleged that she received an influenza vaccination on October 28, 2010, and that she
thereafter suffered from brachial plexus neuropathy which was caused in fact by the vaccination.
Petition at 1-2.
On May 20, 2014, the parties filed a stipulation in which they agree that a decision should
be entered awarding compensation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 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).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00124-UNJ Document 36 Filed 06/10/14 Page 2 of 7
Respondent denies that the influenza vaccination caused petitioner to suffer from brachial
plexus neuropathy or any other injury or her current condition. Nevertheless, the parties agree to
the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum payment of $15,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available
under 42 U.S.C. §300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioners’ compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

CCaassee 11::1133--vvvv--0000112244--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0056//2100//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000112244--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0056//2100//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000112244--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0056//2100//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000112244--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0056//2100//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000112244--UUNNJJ DDooccuummeenntt 3306 FFiilleedd 0056//2100//1144 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00124-1
Date issued/filed: 2014-07-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/11/2014) regarding 38 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00124-UNJ Document 41 Filed 07/03/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-124V
Filed: June 11, 2014
* * * * * * * * * * * * * *
VILMA PETROFF, * UNPUBLISHED
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorney’s Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Justine E. Daigneault, United States Department of Justice, Washington, DC, for respondent.
ATTORNEY’S FEES AND COSTS DECISION1
On February 15, 2013, Vilma Petroff (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Ms.
Petroff alleged that she received an influenza vaccination on October 28, 2010, and that she
thereafter suffered from brachial plexus neuropathy which was caused in fact by the vaccination.
Petition at 1-2. On May 20, 2014, a decision awarding compensation to petitioner based on the
parties’ stipulation was entered.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 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 entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00124-UNJ Document 41 Filed 07/03/14 Page 2 of 2
On June 11, 2014, the parties filed a Stipulation of Fact Concerning Final Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to an award to petitioner of
attorney’s fees and costs in the amount of $21,066.94. In accordance with General Order #9,
petitioner’s counsel represents that petitioner did not incur any costs in pursuit of this claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorney’s fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and Jeffrey S. Pop, of Jeffrey S.
Pop & Associates, in the amount of $21,066.94.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2