VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00772
Package ID: USCOURTS-cofc-1_13-vv-00772
Petitioner: Barbara Carroll
Filed: 2013-10-04
Decided: 2015-03-30
Vaccine: influenza
Vaccination date: 2010-11-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 127086

AI-assisted case summary:
Barbara Carroll filed a petition on October 4, 2013, alleging that an influenza vaccine administered on November 8, 2010, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The public decision does not describe the specific onset or symptoms of the SIRVA, nor does it detail any diagnostic tests or treatments undertaken. The parties, represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C. for the petitioner and Jennifer Reynaud of the United States Department of Justice for the respondent, reached a joint stipulation on September 23, 2014. In this stipulation, they agreed that there was not a preponderance of the evidence demonstrating that Ms. Carroll's SIRVA was due to a factor unrelated to her vaccination. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $127,086.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on February 6, 2015, petitioner's counsel applied for attorneys' fees and costs. The total requested amount was $13,649.86, comprising $12,734.50 in attorneys' fees, $282.44 in attorneys' costs, and $632.92 in costs incurred personally by the petitioner. Respondent's counsel indicated no objection to this amount. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis, deeming the requested fees and costs appropriate. On March 30, 2015, the Special Master awarded $13,016.94 jointly to Petitioner and her counsel, Ronald Homer, and $632.92 solely to Petitioner. The public decision does not name any medical experts or describe the specific mechanism of injury.

Theory of causation field:
Petitioner Barbara Carroll alleged that an influenza vaccine administered on November 8, 2010, caused a shoulder injury related to vaccine administration (SIRVA). The parties entered into a joint stipulation on September 23, 2014, agreeing that there was not a preponderance of the evidence that the SIRVA was due to a factor unrelated to the vaccination. Special Master Lisa Hamilton-Fieldman adopted this stipulation as the decision of the Court. Petitioner was awarded $127,086.00 in compensation. Attorneys' fees and costs totaling $13,649.86 were awarded separately on March 30, 2015, with $13,016.94 payable jointly to Petitioner and counsel Ronald Homer (Conway, Homer & Chin-Caplan, P.C.) and $632.92 payable to Petitioner. The public decision does not detail the specific mechanism of injury, medical experts, or diagnostic findings.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00772-0
Date issued/filed: 2014-10-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/23/2014) regarding 21 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00772-UNJ Document 25 Filed 10/15/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-772V
Filed: September 23, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
BARBARA CARROLL, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (SIRVA).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Jennifer Reynaud, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On October 4, 2013, Lisa Ann Hambleton (“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 a shoulder injury related to vaccine administration
(SIRVA) as a result of an influenza (“flu”) vaccine administered to her on November 8, 2010.
On September 23, 2014, the parties filed a stipulation in which they state 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-00772-UNJ Document 25 Filed 10/15/14 Page 2 of 7
The parties agree that there is not a preponderance of the evidence demonstrating that
Petitioner’s SIRVA was due to a factor unrelated to her November 8, 2010 immunization.
Accordingly, 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 $127,086.00 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/ 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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CCaassee 11::1133--vvvv--0000777722--UUNNJJ DDooccuummeenntt 2205 FFiilleedd 0190//2135//1144 PPaaggee 35 ooff 57

CCaassee 11::1133--vvvv--0000777722--UUNNJJ DDooccuummeenntt 2205 FFiilleedd 0190//2135//1144 PPaaggee 46 ooff 57

CCaassee 11::1133--vvvv--0000777722--UUNNJJ DDooccuummeenntt 2205 FFiilleedd 0190//2135//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00772-1
Date issued/filed: 2015-03-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/24/2015) regarding 28 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00772-UNJ Document 30 Filed 03/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-772V
Filed: February 24, 2015
* * * * * * * * * * * * * * * *
BARBARA CARROLL, * UNPUBLISHED
*
Petitioner, * Special Master Hamilton-Fieldman
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to
AND HUMAN SERVICES, * which Respondent Does Not Object.
*
Respondent. *
* * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer & Chin-Caplan, Boston, MA, for Petitioner.
Jennifer Reynaud, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On October 4, 2013, Barbara Carroll (“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 a shoulder injury related to vaccine administration
(“SIRVA”) as a result of the administration of an influenza (“flu”) vaccine on November 8,
2010. On September 23, 2014, the undersigned issued a decision awarding compensation to
Petitioner.
On February 6, 2015, Petitioner filed an Application for Attorneys’ Fees and Costs.
Petitioner requests reimbursement for $12,734.50 in attorneys’ fees, $282.44 in attorneys’ costs,
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-00772-UNJ Document 30 Filed 03/30/15 Page 2 of 2
and $632.92 in costs incurred by Petitioner personally. In total, Petitioner requests
reimbursement for fees and costs in the amount of $13,649.86. In accordance with General
Order Number 9, Petitioner confirms that, in pursuing her claim, she has personally incurred
$632.92 in costs. See Petitioner and Counsel Statement, filed February 6, 2015.
On February 24, 2015, the parties contacted Chambers informally regarding
Respondent’s position on the fee application. According to Respondent’s counsel, Respondent
has no objection to the $13,649.86 requested by Petitioner and her attorney.
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 amounts seem reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $13,016.94, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Ronald Homer,
of the law firm of Conway, Homer & Chin-Caplan, P.C. The undersigned also awards the
amount of $632.92 in the form of a check payable solely to Petitioner.
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 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