VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00903
Package ID: USCOURTS-cofc-1_13-vv-00903
Petitioner: Patricia Huhmann
Filed: 2013-11-13
Decided: 2015-02-18
Vaccine: influenza
Vaccination date: 2010-11-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Patricia Huhmann filed a petition on November 13, 2013, alleging that an influenza vaccine administered in her left arm on November 16, 2010, caused her to develop pain in her left shoulder. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and had lasted for more than six months. The respondent further stated that Ms. Huhmann had satisfied all legal prerequisites for compensation under the National Childhood Vaccine Injury Act. Special Master Christian J. Moran reviewed the record and issued a ruling on May 13, 2014, finding that Ms. Huhmann was entitled to compensation. A status conference was scheduled to discuss the quantification of damages. Subsequently, on January 21, 2015, the respondent filed a stipulation of fact concerning final attorneys' fees and costs. Petitioner had initially submitted a draft application for fees and costs, to which the respondent raised objections. Following discussions, the petitioner amended her application to request $20,344.31, an amount to which the respondent did not object. Special Master Moran issued a decision on February 18, 2015, awarding this amount in attorneys' fees and costs. The award was a lump sum of $20,344.31, payable by check to both Ms. Huhmann and her attorney, Kathy A. Lee. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of injury. Petitioner was represented by Kathy A. Lee of Cline, Farrell, et al., and respondent was represented by Claudia B. Gangi of the United States Department of Justice.

Theory of causation field:
Petitioner Patricia Huhmann alleged that an influenza vaccine received on November 16, 2010, in her left arm caused a shoulder injury related to vaccine administration (SIRVA) in her left shoulder, which lasted more than six months. Respondent conceded that the injury was consistent with SIRVA and that petitioner met the legal prerequisites for compensation. Special Master Christian J. Moran issued a ruling on May 13, 2014, finding entitlement. A damages decision based on respondent's proffer was issued on August 29, 2014, but the compensation amount is not available from the public record. Attorneys' fees and costs of $20,344.31 were awarded on February 18, 2015, based on a stipulation between the parties. Petitioner was represented by Kathy A. Lee, and respondent by Claudia B. Gangi. The public record does not detail the specific medical mechanism of injury or provide expert testimony.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00903-0
Date issued/filed: 2014-06-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/13/2014) regarding 20 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00903-UNJ Document 23 Filed 06/06/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
PATRICIA HUHMANN, * No. 13-903V
* Special Master Christian J. Moran
Petitioner, *
* Filed: May 13, 2014
v. *
* Stipulation; influenza (“flu”) vaccine;
SECRETARY OF HEALTH * shoulder injury related to vaccine
AND HUMAN SERVICES, * administration (“SIRVA”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Kathy A. Lee, Cline, Farrell, et al., Indianapolis, IN, for petitioner;
Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On November 13, 2013, Patricia Huhmann filed a petition under the
National Childhood Vaccine Injury Act, 42 U.S.C. §300 a-10 through 34 (2006),
alleging that she suffered pain in her left shoulder secondary to the influenza
(“flu”) vaccine she received in her left arm on November 16, 2010.
In her Rule 4(c) report, respondent states that that the Division of Vaccine
Injury Compensation, Department of Health and Human Services, has reviewed
the facts of this case and has concluded that the alleged injury, lasting for more
than six months, “is consistent with a shoulder injury related to vaccine
administration (‘SIRVA’),” and thus that “petitioner has satisfied all legal
prerequisites for compensation under the [Vaccine]Act.” Id. at 3-4.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00903-UNJ Document 23 Filed 06/06/14 Page 2 of 2
Special masters may determine whether a petitioner is entitled to
compensation based upon the record. A hearing is not required. 42 U.S.C. §
300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the
undersigned finds that petitioner has established that she is entitled to
compensation for her injury.
Accordingly, Ms. Huhmann is entitled to compensation. A status
conference has been set for Wednesday, July 16, 2014 at 11:00 A.M. Eastern
Time, to discuss the process for quantifying the amount of damages to which Ms.
Huhmann is entitled.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00903-1
Date issued/filed: 2014-09-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/29/2014) regarding 33 DECISION Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00903-UNJ Document 34 Filed 09/25/14 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
PATRICIA HUHMANN, * No. 13-903V
* Special Master Christian J. Moran
Petitioner, *
* Filed: August 29, 2014
v. *
* Damages; decision based on proffer;
SECRETARY OF HEALTH * influenza (“flu”) vaccine; shoulder
AND HUMAN SERVICES, * injury related to vaccine
* administration (“SIRVA”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Kathy A. Lee, Cline, Farrell, et al., Indianapolis, IN, for petitioner;
Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On November 13, 2013, Patricia Huhmann filed a petition under the
National Childhood Vaccine Injury Act, 42 U.S.C. §300 a-10 through 34 (2006),
alleging that she suffered pain in her left shoulder secondary to the influenza
(“flu”) vaccine she received in her left arm on November 16, 2010. The
undersigned ruled that Ms. Huhmann is entitled to compensation under the
Vaccine Act. Ruling, issued on May 13, 2014.
On August 26, 2014, respondent filed a Proffer on Award of Compensation,
to which petitioner agrees. Based upon the record as a whole, the special master
finds the proffer reasonable and that petitioner is entitled to an award as stated in
the Proffer. Pursuant to the attached Proffer, with Tab A, the court awards
petitioner:
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the
Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion
proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any
redactions ordered by the special master will appear in the document posted on the website.

Case 1:13-vv-00903-UNJ Document 34 Filed 09/25/14 Page 2 of 5
A lump sum payment of $120,000.00 representing compensation for lost
earnings ($4,480.00), pain and suffering ($114,344.03), and past
unreimbursable expenses ($1,175.97), in the form of a check payable to
petitioner, Patricia Huhmann.
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.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

CCaassee 11::1133--vvvv--0000990033--UUNNJJ DDooccuummeenntt 3324 FFiilleedd 0089//2265//1144 PPaaggee 13 ooff 35
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
PATRICIA HUHMANN, )
)
Petitioner, )
) No. 13-903V
v. ) Special Master Moran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for projected unreimbursable medical care expenses incurred from the date of judgment as
provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, Patricial Huhmann has suffered
a past loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers
that the Court should award Patricia Huhmann a lump sum of $4,480.00 for her lost earnings as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that the Court should award Patricia Huhmann a lump sum of
$114,344.03 for her actual and projected pain and suffering. This amount reflects that the award

CCaassee 11::1133--vvvv--0000990033--UUNNJJ DDooccuummeenntt 3324 FFiilleedd 0089//2265//1144 PPaaggee 24 ooff 35
for projected pain and suffering has been reduced to net present value. See § 300aa-15(a)(4).
Petitioner agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Patricia Huhmann’s expenditure of past
unreimubursable expenses as a result of her vaccine-related injury. Respondent proffers that the
Court should award Patricia Huhmann a lump sum of $1,175.97 for past unreimbursable
expenses as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to her vaccine-
related injury.
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 following1: a lump sum payment of $120,000.00,
representing compensation for lost earnings ($4,480.00), pain and suffering ($114,344.03), and
past unreimbursable expenses ($1,175.97), in the form of a check payable to petitioner, Patricia
Huhmann.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $120,000.00
1 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 pain and
suffering.

CCaassee 11::1133--vvvv--0000990033--UUNNJJ DDooccuummeenntt 3324 FFiilleedd 0089//2265//1144 PPaaggee 35 ooff 35
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4138
Dated: August 26, 2014

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DOCUMENT 3: USCOURTS-cofc-1_13-vv-00903-2
Date issued/filed: 2015-02-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/22/2015) regarding 38 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00903-UNJ Document 39 Filed 02/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
PATRICIA HUHMANN, * No. 13-903V
* Special Master Christian J. Moran
Petitioner, *
* Filed: January 22, 2015
v. *
* Attorneys’ fees and costs; award
SECRETARY OF HEALTH * in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Kathy A. Lee, Cline, Farrell, et al., Indianapolis, IN, for petitioner;
Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On January 21, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $20,344.31, an amount to which respondent does not object.
The Court awards this amount.
On November 13, 2013, Patricia Huhmann filed a petition for compensation
alleging that the influenza vaccine, which she received on November 16, 2010,
caused her to suffer pain in her left shoulder. The undersigned ruled that Ms.
Huhmann is entitled to compensation under the Vaccine Act. Ruling, issued May
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00903-UNJ Document 39 Filed 02/18/15 Page 2 of 2
13, 2014. Petitioner received compensation based upon respondent’s proffer.
Decision, filed Aug. 29, 2014. Because petitioner received compensation, she is
entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $20,344.31 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $20,344.31 in the form of a check made payable to
petitioner and petitioner’s attorney, Kathy A. Lee, for attorneys’ fees
and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2