VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00621
Package ID: USCOURTS-cofc-1_13-vv-00621
Petitioner: Latasha George
Filed: 2013-08-29
Decided: 2014-07-07
Vaccine: influenza
Vaccination date: 2010-09-09
Condition: SIRVA injury
Outcome: compensated
Award amount USD: 1036839

AI-assisted case summary:
Latasha George filed a petition on August 29, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged injuries resulting from a flu vaccine administered on September 9, 2010. The respondent conceded that Ms. George was entitled to compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA). Special Master Lisa Hamilton-Fieldman issued a decision on March 24, 2014, adopting a proffer on the award of compensation. Ms. George was awarded a lump sum payment of $1,036,839.63. This amount comprised compensation for lost future earnings ($593,700.00), past lost earnings ($124,582.91), pain and suffering ($167,412.72), past unreimbursable expenses ($86,845.00), and future medical expenses ($64,299.00). All compensation was awarded under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Damon Louis Beard of Lake Charles, LA, and respondent was represented by Gordon Elliott Shemin of Washington, DC. Subsequently, on June 13, 2014, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Hamilton-Fieldman issued a decision on July 7, 2014, awarding a total of $47,500.00 for attorneys' fees and costs. This amount was to be paid in a check made payable jointly to Petitioner and Petitioner's counsel, Damon L. Beard, Esq. The petition was brought in good faith with a reasonable basis for the claim.

Theory of causation field:
Petitioner Latasha George received a flu vaccine on September 9, 2010, and subsequently developed a SIRVA injury. The respondent conceded entitlement to compensation for this SIRVA injury in their Rule 4 Report filed on November 25, 2013. Special Master Lisa Hamilton-Fieldman adopted a proffer on award of compensation, resulting in a total award of $1,036,839.63. This award included $593,700.00 for lost future earnings, $124,582.91 for past lost earnings, $167,412.72 for pain and suffering, $86,845.00 for past unreimbursable expenses, and $64,299.00 for future medical expenses. Attorneys' fees and costs were awarded separately in the amount of $47,500.00. Petitioner was represented by Damon Louis Beard and respondent by Gordon Elliott Shemin. The decision was issued on March 24, 2014, with a subsequent decision on fees on July 7, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00621-0
Date issued/filed: 2014-04-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/24/2014) regarding 13 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00621-UNJ Document 17 Filed 04/14/14 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-621V
(E-Filed: March 24, 2014)
* * * * * * * * * * * * * *
LATASHA GEORGE *
*
Petitioner, * Flu Vaccine; SIRVA injury;
* Decision; Proffer
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Damon Louis Beard, Lake Charles, LA, for Petitioner
Gordon Elliott Shemin, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On August 29, 2013, petitioner, Latasha George, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (Athe Vaccine
Program@),2 alleging that she suffered injuries as a result of receiving certain
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 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
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). Otherwise, “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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
1

Case 1:13-vv-00621-UNJ Document 17 Filed 04/14/14 Page 2 of 5
vaccinations.
Respondent has conceded that petitioner is entitled to compensation based on a
SIRVA injury, which she sustained as a result of the flu vaccine administered on
September 9, 2010. Resp’t’s Rule 4 Report at 6, filed on November 25, 2013.
Based on the persuasive factors supporting petitioner's vaccine claim and
respondent's election not to challenge petitioner's claim, the undersigned finds that
petitioner is entitled to compensation under the Vaccine Program. Accordingly, a
determination of damages is appropriate.
On March 21, 2013, respondent filed a Proffer on Award of Compensation
(Proffer). The Proffer indicates that petitioner agrees with the amounts specified therein.
Based on the record as a whole, the undersigned finds that petitioners are entitled to an
award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the
court awards petitioner:
1. A lump sum payment of $1,036,839.63, representing compensation for lost
future earnings ($593,700.00), past lost earning ($124,582.91), pain and
suffering ($167,412.72), past un-reimbursable expenses ($86,845.00), and
future medical expenses ($64,299.00), in the form of a check payable to
Petitioner.
Proffer at 2-3.
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.3
IT IS SO ORDERED.
s/Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
(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.
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

Case 1:13-vv-00621-UNJ Document 17 Filed 04/14/14 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LATASHA GEORGE, )
)
Petitioner, ) No. 13-621V
) Special Master Hamilton-Fieldman
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For the purposes of this Proffer, the term “vaccine-related” is described in Respondent’s Rule
4(c) Report filed on November 25, 2013, conceding entitlement in this case.
A. Lost Future Earnings
The parties agree that based upon the evidence of record, Latasha George
(“petitioner”) is entitled to future lost earnings as provided under the Vaccine Act, 42 U.S.C. §
300aa-15(a)(3)(A). Respondent proffers that the appropriate award for petitioner’s future lost
earnings is $593,700.00. Petitioner agrees.
B. Past Lost Earnings
The parties agree that based upon the evidence of record, petitioner is entitled to past lost
earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent
proffers that the appropriate award for petitioner’s future lost earnings is $124,582.91. Petitioner
agrees.

Case 1:13-vv-00621-UNJ Document 17 Filed 04/14/14 Page 4 of 5
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $167,412.72 in actual and
projected pain and suffering. This amount reflects that the 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 demonstrates the 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 $86,845.00. Petitioner agrees.
E. Future Medical Expenses
Respondent proffers that petitioner should be awarded future medical expenses in the
amount of $64,299.00. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Special Master’s decision
and the Court’s judgment award the following:1
A lump sum payment of $1,036,839.63, (representing compensation for lost
future earnings ($593,700.00), past lost earnings ($124,582.91), pain and suffering
($167,412.72), past unreimbursable expenses ($86,845.00), and future medical expenses
($64,299.00)), in the form of a check payable to petitioner.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.
2

Case 1:13-vv-00621-UNJ Document 17 Filed 04/14/14 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner: $1,036,839.63
Respectfully submitted,
STUART F. DELERY
Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
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: March 21, 2014 Fax: (202) 353-2988
3

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00621-1
Date issued/filed: 2014-07-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/13/2014) regarding 19 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00621-UNJ Document 22 Filed 07/07/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-621V
(E-Filed: June 13, 2014)
* * * * * * * * * * * * * * *
LATASHA GEORGE, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Damon L. Beard, Townsley Law Firm, Lake Charles, LA, for Petitioner,
Gordon E. Shemin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on March 24, 2014. On June 13, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
requests a total payment of $47,500.00, representing total attorneys’ fees and costs.
Pursuant to General Order #9, Petitioner stated that she has not incurred any reimbursable
costs in pursuit of her claim.
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 request 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.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:13-vv-00621-UNJ Document 22 Filed 07/07/14 Page 2 of 2
I find 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. Accordingly, I hereby award the amount of $47,500.00,
in the form of a check made payable jointly to Petitioner and Petitioner’s counsel,
Damon L. Beard, Esq.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2