VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00351
Package ID: USCOURTS-cofc-1_14-vv-00351
Petitioner: Marilyn Erickson
Filed: 2014-11-05
Decided: 2014-11-05
Vaccine: Tdap
Vaccination date: 2013-03-05
Condition: left shoulder injuries, including a rotator cuff tear, tendinitis, impingement syndrome, and/or bursitis
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
On November 5, 2014, Marilyn Erickson filed a petition alleging that she suffered left shoulder injuries, including a rotator cuff tear, tendinitis, impingement syndrome, and/or bursitis, as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on March 5, 2013. Erickson further alleged that these residual effects lasted for more than six months. The Secretary of Health and Human Services, the respondent, denied that the Tdap vaccine caused Erickson's alleged injuries or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties reached a stipulation to resolve the matter informally. Special Master Laura D. Millman adopted the stipulation, awarding Erickson $135,000.00 for all damages available under 42 U.S.C. § 300aa-15(a). The parties also agreed on attorneys' fees and costs, with the Special Master awarding $12,258.22, made payable jointly to Erickson and her attorneys, Muller Brazil, LLP. Petitioner was represented by Paul R. Brazil, and respondent was represented by Lisa A. Watts. The decision was issued on November 5, 2014.

Theory of causation field:
Petitioner Marilyn Erickson alleged that a Tdap vaccine administered on March 5, 2013, caused left shoulder injuries, including a rotator cuff tear, tendinitis, impingement syndrome, and/or bursitis, with residual effects lasting more than six months. The respondent denied causation. The parties reached an informal stipulation to resolve the matter. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical findings supporting the alleged causation. Special Master Laura D. Millman adopted the stipulation, awarding $135,000.00 for all damages under 42 U.S.C. § 300aa-15(a) and $12,258.22 for attorneys' fees and costs, payable jointly to petitioner and Muller Brazil, LLP. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Lisa A. Watts. The decision date was November 5, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00351-0
Date issued/filed: 2014-12-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/05/2014) regarding 17 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00351-UNJ Document 21 Filed 12/01/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-351V
Filed: November 5, 2014
Not for Publication
*************************************
MARILYN ERICKSON, *
* Damages decision based on
Petitioner, * stipulation; tetanus-diphtheria-
* acellular pertussis (Tdap) vaccine;
v. * shoulder injury; rotator cuff tear;
* tendinitis; impingement syndrome;
SECRETARY OF HEALTH * bursitis; fees and costs decision
AND HUMAN SERVICES, * based on stipulation
*
Respondent. *
*
*************************************
Paul R. Brazil, Philadelphia, PA, for petitioner.
Lisa A. Watts, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1
On November 5, 2014, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that she suffered left
shoulder injuries, including a rotator cuff tear, tendinitis, impingement syndrome, and/or bursitis,
as a result of her receipt of tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on March 5,
2013. Petitioner further alleges that she suffered the residual effects of this injury for more than
six months. Respondent denies that the Tdap vaccine caused petitioner’s alleged left shoulder
injuries or any other injury, and further denies that petitioner’s current disabilities are sequelae of
a vaccine-related injury. Nonetheless, the parties agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat.
2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be
made available to the public unless they contain trade secrets or commercial or financial information that
is privileged and confidential, or medical or similar information whose disclosure would constitute a
clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify
and move to redact such information prior to the document=s disclosure. If the special master, upon
review, agrees that the identified material fits within the banned categories listed above, the special
master shall redact such material from public access.

Case 1:14-vv-00351-UNJ Document 21 Filed 12/01/14 Page 2 of 7
The court finds the terms of the stipulation to be reasonable, hereby adopts the parties’
stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant
to the attached stipulation, the court awards $135,000.00 for reimbursement for all damages that
would be available under 42 U.S.C. § 300aa-15(a) (2006).
The parties have also agreed on an appropriate amount for attorneys’ fees and costs in
this case. In accordance with General Order #9, petitioner asserts that she did not incur out-of-
pocket expenses in pursuit of her petition. Petitioner requests $12,258.22 in attorneys’ fees and
costs. Respondent does not object to this amount. The undersigned finds this amount to be
reasonable.
In sum, the court awards:
a. a lump sum of $135,000.00, representing compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check
made payable to petitioner in the amount of $135,000.00; and
b. a lump sum of $12,258.22, representing reimbursement for attorneys’ fees and costs.
The award shall be in the form of a check made payable jointly to petitioner and
Muller Brazil, LLP in the amount of $12,258.22.
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.2
IT IS SO ORDERED.
Dated: November 5, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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