VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00605
Package ID: USCOURTS-cofc-1_13-vv-00605
Petitioner: Victoria McWilliams
Filed: 2013-08-23
Decided: 2015-02-24
Vaccine: influenza
Vaccination date: 2011-10-24
Condition: cellulitis
Outcome: compensated
Award amount USD: 692091

AI-assisted case summary:
Victoria McWilliams filed a petition on August 23, 2013, alleging that an influenza ("flu") vaccination she received on October 24, 2011, caused her to develop cellulitis. The respondent, the Secretary of Health and Human Services, conceded that Ms. McWilliams was entitled to compensation under the National Vaccine Injury Compensation Program. Special Master Lisa Hamilton-Fieldman issued a decision on November 14, 2014, awarding damages based on a joint stipulation filed by the parties. The award included a lump sum payment of $692,091.67 and an amount sufficient to purchase an annuity contract for future life care expenses. The lump sum covered Year 1 life care expenses ($18,780.30), lost earnings ($493,737.90), pain and suffering ($167,644.07), and past unreimbursable expenses ($11,929.40). The annuity was structured to provide payments for life care items, with specific growth rates applied to medical and non-medical items. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Alfred V. Altopiedi of Alfred V. Altopiedi, P.C., and respondent was represented by Gordon Shemin of the U.S. Department of Justice. Subsequently, on February 24, 2015, Special Master Hamilton-Fieldman issued a decision approving a stipulation for attorneys' fees and costs. The parties agreed to an award of $60,000.00 for attorneys' fees and costs, to be paid jointly to Petitioner and her counsel, Alfred V. Altopiedi. This award was made pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1), finding the petition was brought in good faith with a reasonable basis.

Theory of causation field:
Victoria McWilliams alleged that an influenza vaccine administered on October 24, 2011, caused cellulitis. The respondent conceded entitlement to compensation. Special Master Hamilton-Fieldman awarded damages based on a joint stipulation. The award included a lump sum of $692,091.67, comprising Year 1 life care expenses ($18,780.30), lost earnings ($493,737.90), pain and suffering ($167,644.07), and past unreimbursable expenses ($11,929.40), plus an annuity for future life care expenses. Attorneys' fees and costs of $60,000.00 were also awarded. The public decision does not detail the specific mechanism of injury or name any medical experts. Petitioner was represented by Alfred V. Altopiedi, P.C., and respondent by the U.S. Department of Justice. The decision was issued by Special Master Lisa Hamilton-Fieldman on November 14, 2014, with a subsequent decision on fees on February 24, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00605-0
Date issued/filed: 2014-12-09
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/14/2014) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00605-UNJ Document 33 Filed 12/09/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-605V
Filed: November 14, 2014
* * * * * * * * * * * * * * * UNPUBLISHED
VICTORIA MCWILLIAMS, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. *
* Decision on Proffer; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine;
AND HUMAN SERVICES, * Cellulitis.
*
Respondent. *
*
* * * * * * * * * * * * * * *
Alfred V. Altopiedi, Alfred V. Altopiedi, P.C., Springfield, PA, for Petitioner.
Gordon Shemin, United States Department of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On August 23, 2013, Victoria McWilliams (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleges that she suffered from cellulitis as a result of an influenza (“flu”) vaccination
she received on October 24, 2011.
Respondent has conceded that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act and has recommended that compensation be awarded to
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.

Case 1:13-vv-00605-UNJ Document 33 Filed 12/09/14 Page 2 of 8
Petitioner. Respondent’s Report at 6-7, filed November 20, 2013.
Informed by Respondent’s concession that an award of damages is appropriate, the
undersigned finds that Petitioner is entitled to compensation under the Vaccine Act.
On November 13, 2014, Respondent filed a Proffer on Award of Compensation
(“Proffer”). In the Proffer, Respondent represents that Petitioner agrees with the proffered
award. Based on the record as a whole, the undersigned finds that Petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards Petitioner:
A. A lump sum payment of $692,091.67, representing compensation for life care
expenses expected to be incurred during the first year after judgment
($18,780.30), lost earnings ($493,737.90), pain and suffering ($167,644.07),
and past unreimbursable expenses ($11,929.40), the form of a check payable
to Petitioner; and
B. An amount sufficient to purchase the annuity contract described in the
Proffer section II. B.
Proffer ¶ II.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
VICTORIA McWILLIAMS, )
)
Petitioner, ) No. 13-605V
) Special Master Hamilton-Fieldman
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Laura Fox, MSN, RN, CNCLP, and petitioner
engaged Alex Karras, OTR, CRC, CCM, MSCC, CLCP, to provide an estimation of Victoria
McWilliams’s future vaccine-injury related needs. For the purposes of this proffer, the term
“vaccine related” is as described in respondent’s Rule 4(c) Report filed November 20, 2013,
conceding entitlement in this case. All items of compensation identified in the life care plan are
supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of
Compensation for Victoria McWilliams, attached hereto as Tab A.1 Respondent proffers that
Victoria McWilliams should be awarded all items of compensation set forth in the life care plan
and illustrated by the chart attached at Tab A. Petitioner agrees.
1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The annual benefit years
run from the date of judgment up to the first anniversary of the date of judgment, and every year thereafter up to the
anniversary of the date of judgment.
-1-

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B. Lost Earnings
The parties agree that based upon the evidence of record, Victoria McWilliams has
suffered a past loss of earnings and will continue to suffer a loss of earnings in the future.
Therefore, respondent proffers that Victoria McWilliams should be awarded lost earnings as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the
appropriate award for Victoria McWilliams’s lost earnings is $493,737.90. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that Victoria McWilliams should be awarded $167,644.07 in actual
and projected pain and suffering. This amount reflects that any award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Victoria McWilliams’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $11,929.40.
Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no Medicaid liens outstanding against her.
II. Form of the Award
The parties recommend that the compensation provided to Victoria McWilliams should
be made through a combination of lump sum payments and future annuity payments as described
-2-

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below, and request that the Special Master’s decision and the Court’s judgment award the
following:2
A. A lump sum payment of $692,091.67, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($18,780.30), lost earnings
($493,737.90), pain and suffering ($167,644.07), and past unreimbursable expenses
($11,929.40), in the form of a check payable to petitioner, Victoria McWilliams.
B. An amount sufficient to purchase an annuity contract,3 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 from
which the annuity will be purchased.5 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner,
Victoria McWilliams, only so long as Victoria McWilliams is alive at the time a particular
payment is due. At the Secretary’s sole discretion, the periodic payments may be provided to
2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost
earnings, and future pain and suffering.
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life
insurance companies.
4 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of
any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings
from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
-3-

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petitioner in monthly, quarterly, annual or other installments. The “annual amounts” set forth in
the chart at Tab A describe only the total yearly sum to be paid to petitioner and do not require
that the payment be made in one annual installment.
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all non-
medical life care items, and a five percent (5%) growth rate should be applied to all medical life
care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
judgment for non-medical items, and five percent (5%) compounded annually from the date of
judgment for medical items. Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as she, Victoria McWilliams, is alive at the time that a particular payment
is due. Written notice shall be provided to the Secretary of Health and Human Services and the
Life Insurance Company within twenty (20) days of Victoria McWilliams’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Victoria McWilliams: $ 692,091.67
B. An amount sufficient to purchase the annuity contract described
above in section II. B.
5 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent
with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System
of Records, No. 09-15-0056.
-4-

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Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/ Gordon Shemin
GORDON SHEMIN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4208
Dated: November 13, 2014.
-5-

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Appendix A: Items of Compensation for Victoria McWilliams Page 1 of 1
Lump Sum
Compensation Compensation Compensation Compensation Compensation Compensation
ITEMS OF COMPENSATION G.R. * M Year 1 Years 2-3 Years 4-8 Year 9 Year 10 Years 11-Life
2014 2015-2016 2017-2021 2022 2023 2024-Life
COBRA 5% 2,386.32
Medicare Part B 5% M 1,258.80
Medicare Part B Deductible 5% *
Medicare Suppl 5%
Infectious Disease 5% * 80.00
Orthopedic 5% * 40.00
OT 4% * 160.00
CT Scan Right Shoulder 5% * 40.00
MRI of Left Shoulder 5% *
X-ray of Right Shoulder 5% * 40.00
Grab Bars 4% 15.56 15.56
Hand Held Shower 4% 43.13 43.13
Long Handled Brush 4% 23.03 23.03
Spinner Knob Steering Wheel 4% 24.27 24.27
Shoulder Abduction Pillow 4% * 119.99 40.00 40.00 40.00 40.00 40.00
Nerve Blocks 5% *
Home Health Aide 4% M 15,808.00 15,808.00 19,760.00 27,740.00 27,740.00 27,740.00
Lost Earnings 493,737.90
Pain and Suffering 167,644.07
Past Unreimbursable Expenses 11,929.40
Annual Totals 692,091.67 17,106.80 19,800.00 27,780.00 27,885.99 27,780.00
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care
expenses ($18,780.30), lost earnings ($493,737.90), pain and suffering ($167,644.07), and past unreimbursable
expenses ($11,929.40): $692,091.67.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
In respondent's discretion items denoted with an "M" payable in twelve monthly installments totaling the annual amounts indicated.

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00605-1
Date issued/filed: 2015-02-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/2/2015) regarding 35 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00605-UNJ Document 38 Filed 02/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-605
Filed: February 2, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED
VICTORIA MCWILLIAMS, *
* Special Master Hamilton-Fieldman
Petitioner, *
v. * Attorneys’ Fees and Costs; Reasonable Amount
* Requested to which Respondent Does Not
SECRETARY OF HEALTH * Object.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Alfred V. Altopiedi, Alfred V. Altopiedi, P.C., Springfield, PA, for Petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On August 23, 2013, Victoria McWilliams (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that she
suffered from cellulitis as a result of an influenza (“flu”) vaccine administered to her on October 24,
2011. On November 14, 2014, the undersigned issued a decision awarding compensation.
On January 30, 2015, the parties filed a stipulation regarding attorneys’ fees and costs.
The parties have agreed to an award of $60,000.00 for attorneys’ fees and costs. In accordance with
General Order Number 9, Petitioner represents that she has not personally incurred any expenses in
pursuit of her claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42
U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate.
1 The undersigned intends to post this unpublished decision on the United States Court of Federal
Claims’ website, 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 file a motion for redaction “of any information furnished by
that party (1) that is trade secret or commercial or financial information and is privileged or confidential,
or (2) that are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” In the absence of such motion, 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-00605-UNJ Document 38 Filed 02/24/15 Page 2 of 2
Accordingly, the undersigned hereby awards the amount of $60,000.00, in the form of a check made
payable jointly to Petitioner and Petitioner’s counsel, Alfred V. Altopiedi.
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/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
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