VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00343
Package ID: USCOURTS-cofc-1_13-vv-00343
Petitioner: Marva Ross
Filed: 2014-03-18
Decided: 2014-03-18
Vaccine: influenza
Vaccination date: 2011-10-17
Condition: shoulder injury related to vaccine administration, brachial plexus injury, and/or adhesive capsulitis
Outcome: compensated
Award amount USD: 102701

AI-assisted case summary:
Marva Ross filed a petition on May 21, 2013, alleging that she suffered shoulder injury related to vaccine administration (SIRVA), brachial plexus injury, and/or adhesive capsulitis as a result of receiving an influenza vaccine on October 17, 2011. The respondent filed a Rule 4(c) Report on August 30, 2013, conceding that the petitioner's alleged injury was consistent with SIRVA and that it was caused by the October 17, 2011, flu vaccination. The parties subsequently filed a proffer on the award of compensation. Special Master Laura D. Millman, in a decision dated March 18, 2014, found the terms of the proffer to be reasonable and awarded Marva Ross a lump sum payment of $102,701.21, representing all elements of compensation. This award was to be paid via a check made payable to the petitioner. Later, on September 25, 2014, the parties filed a stipulation of fact regarding attorneys' fees and costs. Special Master Millman issued a decision on that date awarding $19,400.00 for attorneys' fees and costs, payable by check jointly to Marva Ross and Shoemaker, Gentry & Knickelbein, and $388.61 for petitioner's costs, payable by check to Marva Ross. Clifford J. Shoemaker represented the petitioner, and Lara A. Englund represented the respondent.

Theory of causation field:
Petitioner Marva Ross alleged SIRVA, brachial plexus injury, and/or adhesive capsulitis following an October 17, 2011, influenza vaccination. Respondent conceded that the alleged injury was consistent with SIRVA and caused by the vaccination. The parties stipulated to an award of compensation. Special Master Laura D. Millman awarded $102,701.21 as a lump sum for all elements of compensation. Attorneys' fees and costs were subsequently stipulated and awarded: $19,400.00 for fees and costs payable jointly to petitioner and counsel, and $388.61 for petitioner's costs. The theory of causation was based on a concession by the respondent and a stipulation between the parties, consistent with the Vaccine Injury Table for SIRVA. No specific medical experts or detailed clinical information regarding the mechanism of injury were detailed in the public decision. The decision date for damages was March 18, 2014, and for fees and costs was September 25, 2014. Petitioner's counsel was Clifford J. Shoemaker, and respondent's counsel was Lara A. Englund.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00343-0
Date issued/filed: 2014-04-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/18/2014) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00343-UNJ Document 30 Filed 04/08/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-343V
Filed: March 18, 2014
Not for Publication
*************************************
MARVA ROSS, *
*
Petitioner, *
* Damages decision based on proffer;
v. * flu vaccine; shoulder injury related
* to vaccine administration; brachial
SECRETARY OF HEALTH * plexus injury; adhesive capsulitis
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Clifford J. Shoemaker, Vienna, VA, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On May 21, 2013, petitioner filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. § 300aa–10–34 (2012), alleging that she suffered shoulder injury related to
vaccine administration (“SIRVA”), brachial plexus injury, and/or adhesive capsulitis as a result
of receiving influenza (“flu”) vaccine on October 17, 2011. Pet., May 21, 2013, ECF No. 1. On
August 30, 2013, respondent filed her Rule 4(c) Report, in which she conceded that petitioner’s
alleged injury is consistent with SIRVA and that petitioner’s SIRVA was caused by the October
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this decision on the United States Court of Federal Claims's website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document=s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.
1

Case 1:13-vv-00343-UNJ Document 30 Filed 04/08/14 Page 2 of 4
17, 2011, flu vaccination. Resp’t’s Vaccine Rule 4(c) Report, Aug. 30, 2013, ECF No. 8.
On March 17, 2014, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards petitioner a lump sum payment of
$102,701.21, representing all elements of compensation to which petitioner would be entitled
under 42 U.S.C. §§ 300aa–15(a)(1); 15(a)(3)(B); and 15(a)(4). The award shall be in the form of
a check made payable to petitioner in the amount of $102,701.21.
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.2
IT IS SO ORDERED.
Dated: March 18, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:13-vv-00343-UNJ Document 30 Filed 04/08/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARVA ROSS, )
)
Petitioner, )
)
v. ) No. 13-343V
) Special Master Laura D. Millman
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$102,701.21. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(B); and §15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as
lump sum payment of $102,701.21, in the form of a check payable to petitioner. This amount
accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner
would be entitled.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division

Case 1:13-vv-00343-UNJ Document 30 Filed 04/08/14 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
DATED: March 14, 2014
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00343-1
Date issued/filed: 2014-10-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/25/2014) regarding 33 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00343-UNJ Document 37 Filed 10/16/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-343V
Filed: September 25, 2014
Not for Publication
*************************************
MARVA ROSS, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Clifford J. Shoemaker, Vienna, VA, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On September 25, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
Petitioner filed her application for attorneys’ fees and costs on September 15, 2014.
During informal discussions, respondent raised objections to certain items in petitioner’s
application. Based on these objections, petitioner amends her application for attorneys’ fees and
costs to $19,400.00. Respondent does not object to this amount. The undersigned finds this
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00343-UNJ Document 37 Filed 10/16/14 Page 2 of 2
amount to be reasonable. In accordance with the General Order #9 requirement, petitioner asserts
that she advanced $388.61 in costs in pursuit of her petition.
Accordingly, the court awards:
a. $19,400.00, representing reimbursement for attorneys’ fees and costs. The award
shall be in the form of a check payable jointly to petitioner and Shoemaker, Gentry &
Knickelbein in the amount of $19,400.00; and
b. $388.61, representing reimbursement for petitioner’s costs. The award shall be in the
form of a check payable to petitioner in the amount of $388.61.
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.2
IT IS SO ORDERED.
Dated: September 25, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2