VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00292
Package ID: USCOURTS-cofc-1_14-vv-00292
Petitioner: Emily Thompson
Filed: 2014-04-14
Decided: 2014-06-05
Vaccine: influenza
Vaccination date: 
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Emily Thompson filed a petition on April 14, 2014, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccination caused her to develop a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4 report on May 28, 2014, determining that compensation was appropriate. On June 5, 2014, Special Master Lisa Hamilton-Fieldman issued a decision awarding damages based on a proffer agreed to by both parties. Petitioner Emily Thompson was awarded a lump sum payment of $35,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific date of vaccination, the onset of symptoms, specific clinical details, or any expert testimony. Subsequently, on August 8, 2014, the parties filed a stipulation for attorneys' fees and costs. On August 11, 2014, Special Master Lisa Hamilton-Fieldman issued a decision awarding the requested fees and costs totaling $12,750.00. This amount was to be paid in the form of a check made payable jointly to Petitioner Emily Thompson and her counsel, Michael G. McLaren. The Special Master found that the petition was brought in good faith with a reasonable basis, making the award of fees and costs appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1).

Theory of causation field:
Petitioner Emily Thompson alleged that an influenza vaccination caused a shoulder injury related to vaccine administration (SIRVA). The case proceeded based on a stipulation and proffer agreed to by both parties. The respondent filed a Rule 4 report indicating compensation was appropriate. The Special Master Lisa Hamilton-Fieldman awarded $35,000.00 in lump sum for all elements of compensation under 42 U.S.C. § 300aa-15(a). The specific mechanism of injury, medical experts, or detailed clinical evidence were not described in the public decision. The theory of causation was implicitly accepted via the proffer and stipulation, leading to a compensated outcome. Attorneys' fees and costs of $12,750.00 were awarded separately on August 11, 2014, based on a finding of good faith and reasonable basis for the claim.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00292-0
Date issued/filed: 2014-06-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/05/2014) regarding 11 DECISION Stipulation/Proffer, Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00292-UNJ Document 15 Filed 06/26/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
E-Filed: June 5, 2014
* * * * * * * * * * * * * *
EMILY THOMPSON, * No. 14-292V
*
* Special Master
Petitioner, * Lisa Hamilton-Fieldman
*
v. * Damages; decision based on proffer;
* influenza vaccine; shoulder injury related
SECRETARY OF HEALTH * to vaccine administration (SIRVA).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Michael McClaren, Memphis, TN, for Petitioner;
Althea Walker Davis,Washington, DC, for Respondent.
PUBLISHED DECISION AWARDING DAMAGES1
On April 14, 2014, Emily Thompson (Petitioner) filed a petition seeking
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§
300aa-1 et seq., alleging that an administered influenza vaccination caused Petitioner to
develop a shoulder injury related to vaccine administration (SIRVA). On May 28, 2014,
Respondent filed a Rule 4 report that contained a determination that compensation was
appropriate in this case. On the same date, the undersigned issued a ruling regarding
damages.
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this order on the United
States Court of Federal Claims website, 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). Otherwise, “the entire”
order will be available to the public. Id.
1

Case 1:14-vv-00292-UNJ Document 15 Filed 06/26/14 Page 2 of 4
On June 5, 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 therein. Pursuant to the
attached proffer, the court awards Petitioner:
A. A lump sum payment of $35,000.00 in the form of a check payable to
Petitioner, Emily Thompson. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which Petitioner would
be entitled.
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, Camille Collett at (202) 357- 6361.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2

Case 1:14-vv-00292-UNJ Document 15 Filed 06/26/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
EMILY THOMPSON, )
)
)
Petitioner, ) No. 14-292V
) Special Master
v. ) Lisa Hamilton-Fieldman
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that based on the evidence of record, petitioner should be awarded
$35,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(B); and §15(a)(4). Petitioner agrees.
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 following:1
A. A lump sum payment of $35,000.00 in the form of a check payable to petitioner, Emily
Thompson. This amount accounts for all elements of compensation under 42 U.S.C. §
300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 medical
expenses and future pain and suffering.

Case 1:14-vv-00292-UNJ Document 15 Filed 06/26/14 Page 4 of 4
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/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 307-3013
DATED: June 5, 2014
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00292-1
Date issued/filed: 2014-09-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/11/2014) regarding 17 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:14-vv-00292-UNJ Document 20 Filed 09/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-292V
(E-Filed: August 11, 2014)
* * * * * * * * * * * * * * *
EMILY THOMPSON, * UNPUBLISHED
*
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Michael G. McLaren, Black, McLaren, Jones, Ryland & Griffee, PC, Memphis, TN, for
Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1 (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,2 the
undersigned issued a decision on June 5, 2014. On August 8, 2014, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
1 The undersigned intends to post this unpublished decision on the United States
Court of Federal Claims’ website, 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 trade
secret or commercial or financial information and is privileged or confidential, or (2) that
are medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Otherwise, “the entire” decision will be available to
the public. Id.
2 The applicable statutory provisions defining the program are found at 42 U.S.C.
§ 300aa-10 et seq. (2006).
1

Case 1:14-vv-00292-UNJ Document 20 Filed 09/02/14 Page 2 of 2
requests a total payment of $12,750.00, representing total attorneys’ fees and costs. In
accordance with General Order # 9, Petitioner’s counsel stated that no out-of-pocket
expenses had been incurred for Petitioner.
I find 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, I hereby award the amount of $12,750.00,
in the form of a check made payable jointly to Petitioner and Petitioner’s counsel,
Michael G. McLaren, Esq.
In the absence of a timely-filed motion for review filed pursuant to Appendix B of
the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment
in accordance herewith.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2