VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00220
Package ID: USCOURTS-cofc-1_14-vv-00220
Petitioner: Michael Foy
Filed: 2014-11-06
Decided: 2014-12-04
Vaccine: influenza
Vaccination date: 2013-10-02
Condition: shoulder injury
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Michael Foy filed a petition on March 21, 2014, alleging that he developed a shoulder injury as a result of receiving an influenza vaccine on or about October 2, 2013, and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused the petitioner's shoulder injury. The parties subsequently filed a joint stipulation for damages, agreeing that Michael Foy should receive $110,000.00 in compensation for all damages. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court. The parties also stipulated to attorneys' fees and costs in the amount of $15,000.00, which Special Master Gowen granted. Judgment was entered in accordance with the stipulation. Maximillian Muller of Muller Brazil represented the petitioner, and Traci R. Patton of the United States Department of Justice represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Michael Foy alleged a shoulder injury following an influenza vaccine administered on or about October 2, 2013. The respondent denied causation. The parties stipulated to a resolution, with petitioner receiving $110,000.00 for all damages and $15,000.00 for attorneys' fees and costs. Special Master Thomas L. Gowen approved the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation and the parties agreed to a stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00220-0
Date issued/filed: 2014-12-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/06/2014) regarding 15 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. (Additional attachment(s) added on 12/4/2014: #1 Stip) (tjk). Modified on 7/11/2019 to include the attachment(s) in the main document for posting to the courts website (da).
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Case 1:14-vv-00220-UNJ Document 23 Filed 12/04/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-220V
Filed: November 6, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
MICHAEL FOY, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury;
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, Philadelphia, PA, for petitioner.
Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On March 21, 2014, Michael Foy (“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, as a result of receiving an influenza (“flu”) vaccine on or about October 2, 2013, he
developed a shoulder injury. Stipulation ¶ 2, 4, filed Nov. 5, 2014. Further, petitioner alleged
that he experienced residual effects of his injury for more than six months. Id. at ¶ 4.
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 1:14-vv-00220-UNJ Document 23 Filed 12/04/14 Page 2 of 7
On November 5, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccination caused
petitioner’s shoulder injury. Id. at ¶ 6. 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:
A lump sum of $110,000.00, in the form of a check payable to petitioner, Michael
Foy. This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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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Case 1:14-vv-00220-UNJ Document 23 Filed 12/04/14 Page 4 of 7

Case 1:14-vv-00220-UNJ Document 23 Filed 12/04/14 Page 5 of 7

Case 1:14-vv-00220-UNJ Document 23 Filed 12/04/14 Page 6 of 7

Case 1:14-vv-00220-UNJ Document 23 Filed 12/04/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00220-1
Date issued/filed: 2014-12-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/12/2014) regarding 18 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00220-UNJ Document 24 Filed 12/04/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-220V
Filed: November 12, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
MICHAEL FOY, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On March 21, 2014, Michael Foy (“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 as a result of receiving an influenza (“flu”) vaccine on or about October 2, 2013, he
developed a shoulder injury. Petition at ¶ 2, 13. On November 5, 2014, the parties filed a
stipulation in which they agreed to an award of compensation to petitioner. On November 6,
2014, the undersigned issued a Decision adopting the parties’ stipulation for an award. See
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 1:14-vv-00220-UNJ Document 24 Filed 12/04/14 Page 2 of 2
Decision on J. Stip., filed Nov. 6, 2014.
On November 12, 2014, the parties filed a stipulation concerning attorneys’ fees and
costs. Petitioner requests a total award of attorneys’ fees and costs in the amount of $15,000.00.
Respondent does not object. See Stipulation of Facts Concerning Attorneys’ Fees and Costs at ¶
6. In accordance with General Order #9, petitioner represents that he did not personally incur
costs related to this proceeding. Id. at ¶ 5.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned GRANTS
the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Maximillian J. Muller, of Muller Brazil, LLP, in the amount of $15,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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