VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00501
Package ID: USCOURTS-cofc-1_13-vv-00501
Petitioner: Shana Scales
Filed: 2013-07-23
Decided: 2014-09-15
Vaccine: influenza
Vaccination date: 2010-10-21
Condition: shoulder injury related to vaccine administration (SIRVA) and rheumatoid arthritis (RA)
Outcome: compensated
Award amount USD: 159315

AI-assisted case summary:
Shana Scales filed a petition on July 23, 2013, alleging that an influenza (flu) vaccination she received on October 21, 2010 caused her to develop a shoulder injury related to vaccine administration (SIRVA) and rheumatoid arthritis (RA). Respondent denied that the flu vaccine caused petitioner's alleged SIRVA, RA, or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed May 23, 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 $159,315.95, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $12,793.56, payable jointly to petitioner and her counsel, Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 21, 2010 → SIRVA + rheumatoid arthritis (RA). Joint stipulation May 23, 2014; SM Dorsey. Comp $159,315.95. Fees $12,793.56 (Homer, Conway Homer & Chin-Caplan PC, Boston MA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00501-0
Date issued/filed: 2014-06-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/30/2014) regarding 27 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00501-UNJ Document 32 Filed 06/24/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-501V
Filed: May 30, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
SHANA SCALES, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”),
AND HUMAN SERVICES, * Rheumatoid Arthritis (“RA”).
*
Respondent. *
* * * * * * * * * * * * * * * *
Meredith Daniels, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Lisa Watts, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On July 23, 2013, Shana Scales (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Ms. Scales
alleged that she received an influenza (“flu”) vaccination on October 21, 2010, and that she
thereafter suffered from an injection-related shoulder injury (“SIRVA”) and rheumatoid arthritis
(“RA”) which were caused in fact by the vaccination. See Petition at 1.
On May 23, 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-00501-UNJ Document 32 Filed 06/24/14 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA, RA, or any
other injury, and further denies that petitioner’s disabilities are sequelae of a vaccine-related
injury. 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 stipulate that petitioner shall receive the following compensation:
A lump sum of $159,315.95 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 petitioner’s 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--0000550011--UUNNJJ DDooccuummeenntt 2362 FFiilleedd 0056//2234//1144 PPaaggee 13 ooff 57

CCaassee 11::1133--vvvv--0000550011--UUNNJJ DDooccuummeenntt 2362 FFiilleedd 0056//2234//1144 PPaaggee 24 ooff 57

CCaassee 11::1133--vvvv--0000550011--UUNNJJ DDooccuummeenntt 2362 FFiilleedd 0056//2234//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000550011--UUNNJJ DDooccuummeenntt 2362 FFiilleedd 0056//2234//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000550011--UUNNJJ DDooccuummeenntt 2362 FFiilleedd 0056//2234//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00501-1
Date issued/filed: 2014-09-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/25/2014) regarding 36 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00501-UNJ Document 39 Filed 09/15/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 13-501V
August 25, 2014
* * * * * * * * * * * * * * *
SHANA SCALES, * UNPUBLISHED
*
Petitioner, * Special Master Dorsey
*
v. *
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to which
* Respondent Does Not Object.
Respondent. *
*
* * * * * * * * * * * * * * *
Meredith Daniels, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Lisa Watts, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On July 23, 2013, Shana Scales (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Ms. Scales
alleged that she received an influenza (“flu”) vaccination on October 21, 2010, and that she
thereafter suffered from an injection-related shoulder injury (“SIRVA”) and rheumatoid arthritis
(“RA”) which were caused in fact by the vaccination. See Petition at 1. On May 30, 2014, the
undersigned entered a decision awarding compensation to petitioner based on the parties’
stipulation.
1
Because this unpublished ruling contains a reasoned explanation for the 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 § 205, 44 U.S.C. § 3501 (2006). In accordance with the
Vaccine Rules, 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). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the
undersigned agrees that the identified material fits within the requirements of that provision, such material
will be deleted from public access.
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.

Case 1:13-vv-00501-UNJ Document 39 Filed 09/15/14 Page 2 of 2
On August 20, 2014, petitioner filed a Motion for Attorneys’ Fees and Costs in the
amount of $12,793.56. Simultaneously, petitioner filed a Statement in compliance with General
Order Number 9, according to which petitioner did not personally incur any costs in pursuit if
her vaccine claim. On August 22, 2014, respondent filed a status report in which advises the
Court that “she has no objection to Attorneys’ Fees and Costs in the total amount of $12,793.56.”
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 petitioner’s request, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Ronald C. Homer, of Conway, Homer & Chin-Caplan, P.C., in the amount of
$12,793.56.
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.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2