VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00054
Package ID: USCOURTS-cofc-1_14-vv-00054
Petitioner: L.C.
Filed: 2014-01-24
Decided: 2015-06-26
Vaccine: influenza
Vaccination date: 2012-10-29
Condition: shoulder injury
Outcome: compensated
Award amount USD: 165000

AI-assisted case summary:
On January 24, 2014, L.C. filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on October 29, 2012, caused a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's alleged injury or any resulting disability. Despite the respondent's denial, the parties reached a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding L.C. a lump sum of $140,000.00 for all damages. This award was issued on June 17, 2015, and a redacted version was made public on June 26, 2015. Subsequently, on June 26, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Hamilton-Fieldman found that the petition was brought in good faith with a reasonable basis and approved the agreed-upon award of $25,000.00 for attorneys' fees and costs, which was issued on June 29, 2015, and made public on July 6, 2015. The total compensation awarded to L.C. was $165,000.00, comprising the $140,000.00 in damages and $25,000.00 for attorneys' fees and costs. Petitioner was represented by Andrew Downing of Van Cott and Talamante. Respondent was represented by Michael Milmoe of the United States Department of Justice.

Theory of causation field:
Petitioner L.C. alleged that an influenza vaccine administered on October 29, 2012, caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent denied causation. The parties reached a joint stipulation for damages and attorneys' fees. The Special Master adopted the stipulation, awarding $140,000.00 in damages and $25,000.00 in attorneys' fees and costs, for a total award of $165,000.00. The public decision does not describe the specific medical mechanism of injury, expert testimony, or the basis for the stipulation. The theory of causation is based on the "Table" of the Vaccine Injury Table, which presumes SIRVA following an influenza vaccination. Petitioner was represented by Andrew Downing, and Respondent by Michael Milmoe. Special Master Lisa Hamilton-Fieldman issued the decision on June 26, 2015 (damages) and July 6, 2015 (fees).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00054-0
Date issued/filed: 2015-06-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/17/2015) regarding 36 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00054-UNJ Document 40 Filed 06/26/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-54V
Filed: June 26, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
L.C., *
* 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. *
* * * * * * * * * * * * * * * *
Andrew Downing, Van Cott and Talamante, Phoenix, AZ, for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On January 24, 2014, L.C. (“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 an
influenza (“flu”) vaccination administered to her on October 29, 2012 caused her to suffer from a
shoulder injury (“SIRVA”).
On June 16, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccine caused Petitioner’s
SIRVA or any other injury or her current disabilities. Nevertheless, 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:
1 This Decision was originally filed on June 17, 2015. On June 24, 2015, Petitioner requested a
redaction. The motion was granted in an Order filed on June 25, 2015. In the reissued Decision,
Petitioner’s name is replaced with her initials, and her name is redacted from the attached
stipulation. The remainder of the Decision is unchanged.
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 1:14-vv-00054-UNJ Document 40 Filed 06/26/15 Page 2 of 7
A lump sum of $140,000.00 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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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00054-1
Date issued/filed: 2015-07-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/29/2015) regarding 43 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:14-vv-00054-UNJ Document 48 Filed 07/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-54V
Filed: July 6, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
L.C., *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Andrew Downing, Van Cott and Talamante, Phoenix, AZ, for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On January 24, 2014, L.C. (“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 an
influenza (“flu”) vaccination administered to her on October 29, 2012 caused her to suffer from a
shoulder injury (“SIRVA”). On June 17, 2015, the undersigned issued a decision awarding
compensation to Petitioner.3
On June 26, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees and
Costs. Pursuant to their Stipulation, the parties have agreed to an award of $25,000.00 in
attorneys’ fees and costs. In accordance with General Order Number 9, Petitioner represents that
she has not incurred any out-of-pocket litigation costs in pursuit of her claim.
1 This Decision was originally filed on June 29, 2015. Petitioner subsequently requested, and
was granted, a redaction of her name in the published version of the Decision. In the reissued
Decision, Petitioner’s name is replaced with her initials. The remainder of the Decision is
unchanged.
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.
3 A redacted version of the entitlement decision was made public on June 26, 2015.
1

Case 1:14-vv-00054-UNJ Document 48 Filed 07/06/15 Page 2 of 2
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. Accordingly, the undersigned hereby awards the amount of $9,750.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Andrew D.
Downing, of the law firm of Van Cott & Talamante, PLLC. The undersigned also awards
the amount of $15,250.00, in the form of a check made payable jointly to Petitioner and
Petitioner’s counsel, Andrew D. Downing, of the law firm of Hennelly & Steadman, PLC.
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.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
4 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