VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00444
Package ID: USCOURTS-cofc-1_13-vv-00444
Petitioner: REBECCA J. McCORKLE
Filed: 2013-06-18
Decided: 2015-01-20
Vaccine: influenza
Vaccination date: 2011-10-17
Condition: Shoulder Injury Related to Vaccine Administration (“SIRVA”)
Outcome: compensated
Award amount USD: 78000

AI-assisted case summary:
Rebecca J. McCorkle filed a petition on June 18, 2013, alleging that an influenza (flu) vaccination she received on October 17, 2011 caused her to develop Shoulder Injury Related to Vaccine Administration (SIRVA) and that she experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's SIRVA, its residual effects, any other injury, or her current condition.

Nonetheless, the parties agreed to settle the case by stipulation filed June 16, 2014. Special Master Millman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $78,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $17,007.00, payable jointly to petitioner and her counsel, Simina Vourlis. Petitioner was also reimbursed $350.00 for personally advanced litigation costs.

Theory of causation field:
Flu Oct 17, 2011 → SIRVA (residual >6 months). Stipulation Jun 16, 2014; SM Millman. Comp $78,000. Fees $17,007 + OOP $350 (Vourlis, Law Offices of Simina Vourlis, Columbus OH).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00444-0
Date issued/filed: 2014-07-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/18/2014) regarding 18 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00444-UNJ Document 19 Filed 07/09/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-444V
Filed: June 18, 2014
Not for Publication
*************************************
REBECCA J. McCORKLE, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza vaccine; Shoulder Injury Related
* to Vaccine Administration (“SIRVA”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Simina Vourlis, Columbus, OH, for petitioner.
Jennifer L. Reynaud, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On June 16, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she suffered Shoulder Injury
Related to Vaccine Administration (“SIRVA”) that was caused by her October 17, 2011, receipt of
influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this
injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s
alleged SIRVA, its residual effects, any other injury, or her current condition. Nonetheless, the
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 delete 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
delete such material from public access.

Case 1:13-vv-00444-UNJ Document 19 Filed 07/09/14 Page 2 of 7
parties agreed to resolve this matter informally.
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$78,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $78,000.00 made payable to
petitioner.
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: June 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

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Case 1:13-vv-00444-UNJ Document 19 Filed 07/09/14 Page 6 of 7

Case 1:13-vv-00444-UNJ Document 19 Filed 07/09/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00444-1
Date issued/filed: 2015-01-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/29/2014) regarding 26 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00444-UNJ Document 27 Filed 01/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-444V
Filed: December 29, 2014
Not for Publication
*************************************
REBECCA J. McCORKLE, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Simina Vourlis, Columbus, OH, for petitioner.
Jennifer L. Reynaud, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On December 22, 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 December 2, 2014, seeking
$19,781.50. 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 $17,007.00. Respondent does not object to this amount. In
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-00444-UNJ Document 27 Filed 01/20/15 Page 2 of 2
accordance with General Order #9, petitioner asserts that she advanced $350.00 in costs in pursuit
of her petition. The undersigned finds these amounts to be reasonable. Accordingly, the court
awards:
a. $17,007.00, representing reimbursement for attorneys’ fees and costs. The
award shall be in the form of a check payable jointly to petitioner and The Law
Offices of Simina Vourlis for $17,007.00; and
b. $350.00, representing reimbursement for petitioner’s costs. The award shall be
in the form of a check payable to petitioner for $350.00.
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: December 29, 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