VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00433
Package ID: USCOURTS-cofc-1_13-vv-00433
Petitioner: Scott Schlosser
Filed: 2013-06-28
Decided: 2015-01-07
Vaccine: Tdap
Vaccination date: 2010-08-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Scott Schlosser filed a petition on June 28, 2013, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on August 13, 2010 caused him to suffer a shoulder injury related to vaccine administration (SIRVA) and that he experienced the residual effects of this injury for more than six months. The parties agreed that petitioner suffered a SIRVA from the Tdap vaccine and that there was not a preponderance of evidence that his condition was due to a factor unrelated to the vaccination.

The parties agreed to a joint stipulation filed July 9, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $110,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $13,500.00, payable jointly to petitioner and his counsel, Elizabeth M. Muldowney of Rawls, McNelis and Mitchell, P.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Tdap Aug 13, 2010 → SIRVA (residual >6 months). Respondent conceded SIRVA. Joint stipulation Jul 9, 2014; SM Moran. Comp $110,000. Fees $13,500 (Muldowney, Rawls McNelis and Mitchell PC, Richmond VA).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00433-0
Date issued/filed: 2014-08-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/14/2014) regarding 28 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00433-UNJ Document 32 Filed 08/12/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SCOTT SCHLOSSER, *
* No. 13-433V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: July 14, 2014
*
SECRETARY OF HEALTH * Stipulation; Tetanus-Diphtheria-
AND HUMAN SERVICES, * acellular Pertussis (“Tdap”) vaccine,
* shoulder injury (“SIRVA”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Elizabeth Muldowney, Rawls, McNelis & Mitchell, Richmond, VA, for Petitioner;
Michael Milmoe, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On July 9, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Scott Schlosser on June 28, 2013. In his petition, Mr.
Schlosser alleged that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),
and which he received on August 13, 2010, caused him to suffer a shoulder injury
related to vaccine administration (“SIRVA”). Petitioner further alleges that he
experienced the residual effects of his injury for more than six months. Petitioner
represents that there has been no prior award or settlement of a civil action for
damages on his behalf as a result of his condition.
The parties agreed that petitioner suffered a shoulder injury to vaccine
administration (“SIRVA”) from the administration of the Tdap vaccine. Likewise,
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00433-UNJ Document 32 Filed 08/12/14 Page 2 of 7
the parties agreed that there is not a preponderance of evidence demonstrating that
petitioner’s condition is due to a factor unrelated to his August 13, 2010 Tdap
vaccination. The other elements of eligibility for compensation have also been
established. See 42 U.S.C. § 300aa—11(c), 13. Consequently, the stipulation
states “petitioner is entitled to compensation.”
The parties have also agreed upon the amount of compensation to which the
petitioner is entitled. The parties presented the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $110,000.00 in the form of a check payable to petitioner,
Scott Schlosser. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-433V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Marc Langston, at (202)
357-6392.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1133--vvvv--0000443333--UUNNJJ DDooccuummeenntt 2372 FFiilleedd 0078//0192//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000443333--UUNNJJ DDooccuummeenntt 2372 FFiilleedd 0078//0192//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000443333--UUNNJJ DDooccuummeenntt 2372 FFiilleedd 0078//0192//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000443333--UUNNJJ DDooccuummeenntt 2372 FFiilleedd 0078//0192//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000443333--UUNNJJ DDooccuummeenntt 2372 FFiilleedd 0078//0192//1144 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00433-1
Date issued/filed: 2015-01-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/1/2014) regarding 35 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00433-UNJ Document 38 Filed 01/07/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SCOTT SCHLOSSER, *
*
Petitioner, * No. 13-433V
* Special Master Christian J. Moran
*
v. * Filed: December 1, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Elizabeth M. Muldowney, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for
petitioner.
Michael P. Milmoe, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On December 1, 2014, petitioner filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $13,500.00, an amount to which respondent does not object.
The Court awards this amount.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00433-UNJ Document 38 Filed 01/07/15 Page 2 of 2
On June 28, 2013, Scott Schlosser filed a petition for compensation alleging
that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine, which he received
on August 13, 2010, caused him to suffer a should injury to vaccine administration.
(“SIRVA”). Petitioner received compensation based upon the parties’
stipulation. Decision, filed July 14, 2014. Because petitioner received
compensation, he is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioner seeks a total of $13,500.00 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $13,500.00 in the form of a check made payable to
petitioner and petitioner’s attorney, Elizabeth M. Muldowney, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2