VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00453
Package ID: USCOURTS-cofc-1_14-vv-00453
Petitioner: Richard Berrish
Filed: 2014-05-27
Decided: 2014-08-18
Vaccine: influenza
Vaccination date: 2012-10-11
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Richard Berrish filed a petition on May 27, 2014, alleging that he received an influenza vaccination on October 11, 2012, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Mr. Berrish's injury was consistent with SIRVA and was related to the vaccination, identifying no other cause. The respondent also confirmed that Mr. Berrish met the statutory requirements for compensation, including suffering the condition for more than six months. Based on the respondent's concession and a review of the medical records, the Special Master ruled on August 18, 2014, that Mr. Berrish was entitled to compensation. The parties subsequently filed a stipulation for damages, agreeing to an award of $50,000.00. This amount was awarded as a lump sum payment to Mr. Berrish. The parties also stipulated to attorneys' fees and costs, totaling $15,100.00, which was also awarded.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00453-0
Date issued/filed: 2014-09-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/12/2014) regarding 13 Ruling on Entitlement Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:14-vv-00453-UNJ Document 22 Filed 09/05/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
E-Filed: August 12, 2014
UNPUBLISHED
* * * * * * * * * * * * * *
RICHARD BERRISH, * No. 14-453V
*
* Special Master
Petitioner, * Hamilton-Fieldman
*
v. *
*
SECRETARY OF HEALTH * Ruling on Entitlement; Conceded
AND HUMAN SERVICES, * Influenza Vaccine; Shoulder Injury
* Related to Vaccine Administration
Respondent. * (“SIRVA”).
*
* * * * * * * * * * * * * *
Maximillian J. Muller, Muller, Brazil, LLP, Philadelphia, PA, for Petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 27, 2014, Richard Berrish (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”)2 alleging that he received
an influenza vaccination on October 11, 2012, and thereafter suffered a shoulder injury. See
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post this decision on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In accordance with the
Vaccine Rules, 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). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the
undersigned agrees that the identified material fits within the requirements of that provision, such material
will be deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§
300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be
to 42 U.S.C. § 300aa of the Act.
1

Case 1:14-vv-00453-UNJ Document 22 Filed 09/05/14 Page 2 of 2
Petition at 1.
On August 11, 2014, Respondent filed a Report pursuant to Vaccine Rule 4(c) in which
he concedes that Petitioner is entitled to compensation in this case. Respondent’s Report at 1.
Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with a shoulder
injury related to vaccine administration (“SIRVA”), and that his shoulder injury is related to the
administration of the influenza vaccination he received on October 11, 2012. Id. Respondent
further states that he has identified no other cause for Petitioner’s SIRVA. Id. Based on a
review of the medical records, Respondent states that Petitioner has met the applicable statutory
requirements by suffering his condition for more than six months and that, therefore, Petitioner
has satisfied all legal prerequisites for compensation under the Act. Id.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
Respondent’s concession and a review of the record, the undersigned finds that Petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00453-1
Date issued/filed: 2014-09-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/18/2014) 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-00453-UNJ Document 23 Filed 09/09/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-453V
(E-Filed: August 18, 2014)
* * * * * * * * * * * * * * *
RICHARD BERRISH, * UNPUBLISHED
*
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Decision on Attorneys’ Fees and Costs.
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. * .
* * * * * * * * * * * * * * *
Maximillian J. Muller, Muller, Brazil, LLP, Philadelphia, PA, for Petitioner.
Darryl R. Wishard, 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 August 18, 2014. That same day, the parties filed a
stipulation concerning attorneys’ fees and costs in this matter. The parties’ stipulation
requests a total payment of $15,100.00 representing total attorneys’ fees and costs. In
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-00453-UNJ Document 23 Filed 09/09/14 Page 2 of 2
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 $15,100.00,
in the form of a check made payable jointly to Petitioner and Petitioner’s counsel,
Maximillian J. Muller, 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

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00453-2
Date issued/filed: 2014-09-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/18/2014) regarding 15 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00453-UNJ Document 24 Filed 09/09/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-453V
(E-Filed: August 18, 2014)
* * * * * * * * * * * * * * *
RICHARD BERRISH, * UNPUBLISHED
*
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Influenza Vaccination; Shoulder
SECRETARY OF HEALTH AND * Injury Related to Vaccine
HUMAN SERVICES, * Administration (“SIRVA”); Decision;
* Proffer.
Respondent. * .
* * * * * * * * * * * * * * *
Maximillian J. Muller, Muller, Brazil, LLP, Philadelphia, PA, for Petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 27, 2014, Petitioner, Richard Berrish, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”). Petitioner alleged that the administration of an influenza vaccination
administered on October 11, 2012, caused Petitioner to suffer a shoulder injury related to
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this 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 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.” Otherwise, “the entire”
decision will be available to the public. Id.
1

Case 1:14-vv-00453-UNJ Document 24 Filed 09/09/14 Page 2 of 4
vaccine administration (“SIRVA”).2
The parties agreed and submitted in a proffer, filed on August 18, 2014, that based
on the evidence of record, Petitioner should be awarded $50,000.00. 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).
The undersigned finds said proffer reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
The proffer awards:
A lump sum total of $50,000.00, in the form of a check payable to
Petitioner, Richard Berrish. This amount represents all damages available
under 42 U.S.C. §300aa-15(a) to which Petitioner would be entitled.
Proffer Section II, III.
The undersigned approves the requested amounts for Petitioner’s compensation.
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.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
(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 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

Case 1:14-vv-00453-UNJ Document 24 Filed 09/09/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
RICHARD BERRISH, )
)
Petitioner, ) No. 14-453V ECF
)
v. ) Special Master Hamilton-Fieldman
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On May 27, 2014, Richard Berrish (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986 (the “Vaccine Act”), as amended. 42 U.S.C.
§§ 300aa-1 et seq. Petitioner alleges that, as a result of receiving the influenza (“flu”) vaccine on
October 11, 2012, he suffered from a shoulder injury related to vaccine administration
(“SIRVA”) in his left shoulder and arm. Petitioner alleges a theory based on causation-in-fact.
On August 11, 2014, respondent filed her Vaccine Rule 4(c) report, conceding causation-
in-fact for petitioner’s SIRVA. On August 12, 2014, the Special Master issued a ruling on
entitlement, finding that petitioner was entitled to compensation for a SIRVA caused by the flu
vaccine.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$50,000.00, which represents all elements of compensation to which petitioner would be entitled
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
discuss after the Damages Decision is issued.

Case 1:14-vv-00453-UNJ Document 24 Filed 09/09/14 Page 4 of 4
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $50,000.00, in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
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: August 18, 2014 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2