VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00962
Package ID: USCOURTS-cofc-1_13-vv-00962
Petitioner: James King
Filed: 2013-12-06
Decided: 2014-09-24
Vaccine: influenza
Vaccination date: 2012-10-14
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 146000

AI-assisted case summary:
On December 6, 2013, James King filed a petition under the National Vaccine Injury Compensation Program alleging that an influenza vaccination received on October 14, 2012, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). The case proceeded as a Table claim. On February 18, 2014, Special Master Christian J. Moran found Mr. King entitled to compensation. Subsequently, on June 26, 2014, the respondent filed a Proffer on Award of Compensation, agreeing to a lump sum payment of $125,000.00 to the petitioner. Petitioner's counsel was William E. Cochran, Jr. of Black, McLaren, et al. Respondent's counsel was Darryl R. Wishard of the United States Department of Justice. Special Master Moran found the proffer reasonable and awarded the $125,000.00 lump sum payment to Mr. King. On August 22, 2014, the parties filed a stipulation for attorneys' fees and costs. Petitioner sought $21,000.00 for his counsel, William E. Cochran of Black McLaren Jones Ryland & Griffee, to which the respondent did not object. Special Master Moran awarded this amount. The total compensation awarded to Mr. King was $146,000.00.

Theory of causation field:
Petitioner James King filed a petition on December 6, 2013, alleging that an influenza vaccination on October 14, 2012, caused a shoulder injury related to vaccine administration (SIRVA). The case was processed as a Table claim. On February 18, 2014, entitlement was established. On June 26, 2014, respondent filed a Proffer on Award of Compensation agreeing to a $125,000.00 lump sum payment. Petitioner agreed, and Special Master Christian J. Moran awarded this amount. On August 22, 2014, a stipulation for attorneys' fees and costs was filed. Petitioner sought $21,000.00, to which respondent did not object. Special Master Moran awarded this amount. The total award was $146,000.00. Petitioner's counsel was William E. Cochran, Jr. Respondent's counsel was Darryl R. Wishard. The public decision does not describe the specific medical mechanism, onset, symptoms, or expert testimony.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00962-1
Date issued/filed: 2014-07-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/30/2014) regarding 23 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00962-UNJ Document 26 Filed 07/29/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES KING, *
* No. 13-962V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 30, 2014
*
SECRETARY OF HEALTH * Damages; decision based on proffer;
AND HUMAN SERVICES, * influenza (“flu”) vaccination;
* shoulder injury.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
William E. Cochran , Jr., Black, McLaren, et al., Memphis, TN, for petitioner;
Darryl R. Wishard, United States Department of Justice, Washington, DC, for
respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On December 6, 2013, James King filed a petition seeking compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1
et seq., alleging that influenza (“flu”) vaccination caused him to suffer a shoulder
injury. On February 18, 2014, Mr. King was found entitled to compensation under
the Vaccine Act. King v. Sec’y of Health & Human Servs., No. 13-962V, 2014
WL 1004405 (Fed. Cl. Spec. Mstr. Feb. 18, 2014).
On June 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 Proffer, attached hereto as “Appendix A”, the court
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-00962-UNJ Document 26 Filed 07/29/14 Page 2 of 4
awards petitioner: A lump sum payment of $125,000.00, in the form of a check
payable to petitioner, James King.
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--0000996622--UUNNJJ DDooccuummeenntt 2226 FFiilleedd 0067//2269//1144 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JAMES KING, )
)
Petitioner, ) No. 13-962V ECF
)
v. ) Special Master Moran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$125,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $125,000.00, in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
discuss after the Damages Decision is issued.

CCaassee 11::1133--vvvv--0000996622--UUNNJJ DDooccuummeenntt 2226 FFiilleedd 0067//2269//1144 PPaaggee 24 ooff 24
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: June 26, 2014 Fax: (202) 616-4310
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00962-2
Date issued/filed: 2014-09-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/29/2014) regarding 30 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00962-UNJ Document 33 Filed 09/24/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES KING, *
* No. 13-962V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 29, 2014
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
William E. Cochran , Jr., Black, McLaren, et al., Memphis, TN, for petitioner;
Darryl R. Wishard, United States Department of Justice, Washington, DC, for
respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On August 22, 2014, petitioner 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 his
application to request $21,000.00, an amount to which respondent does not object.
The Court awards this amount.
On December 6, 2013, James King filed a petition for compensation alleging
that the influenza vaccine, which he received on October 14, 2012, caused him to
suffer from a shoulder injury related to vaccine administration (“SIRVA”) in his
left shoulder. Petitioner received compensation based upon respondent’s proffer.
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-00962-UNJ Document 33 Filed 09/24/14 Page 2 of 2
Decision, issued June 30, 2014. Because petitioner received compensation, he is
entitled to an award of attorneys’ fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $21,000.00 in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he 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 $21,000.00 in the form of a check made payable to
petitioner and petitioner’s attorney, William E. Cochran of the law firm
Black McLaren Jones Ryland & Griffee, 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