VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00454
Package ID: USCOURTS-cofc-1_14-vv-00454
Petitioner: Barbara Wright
Filed: 2014-07-30
Decided: 2015-08-13
Vaccine: influenza
Vaccination date: 2013-10-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 138591

AI-assisted case summary:
On May 27, 2014, petitioner Barbara Wright filed a petition under the National Childhood Vaccine Injury Act alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 1, 2013. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on July 14, 2014, conceding that petitioner suffered from SIRVA and recommending compensation. On July 30, 2015, the parties filed a stipulation and proffer regarding an award of compensation. Special Master Laura D. Millman issued a decision on August 13, 2015, awarding a lump sum payment of $120,000.00 for all elements of compensation. This award was to be paid by check to petitioner Barbara Wright. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. On August 13, 2015, Special Master Millman also issued a decision regarding attorneys' fees and costs. The parties had filed a stipulation of fact agreeing on the amount. Petitioner's counsel asserted that petitioner incurred no costs. Petitioner amended her application for attorneys' fees and costs to $18,591.85, which respondent did not object to. Special Master Millman found this amount reasonable and awarded $18,591.85 for attorneys' fees and costs. This award was to be paid by check jointly to petitioner Barbara Wright and Muller Brazil, LLP. The total award for compensation, attorneys' fees, and costs was $138,591.85.

Theory of causation field:
Petitioner Barbara Wright alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 1, 2013. Respondent conceded entitlement to compensation for SIRVA. The parties stipulated to an award of $120,000.00 for all elements of compensation and $18,591.85 for attorneys' fees and costs, resulting in a total award of $138,591.85. The Special Master Laura D. Millman issued decisions on July 30, 2015, and August 13, 2015, approving the stipulated amounts. The theory of causation was based on the Vaccine Injury Table (SIRVA). The public decision does not detail specific medical experts, clinical findings, or the mechanism of injury beyond the general classification of SIRVA.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00454-0
Date issued/filed: 2015-08-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/30/2015) regarding 20 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00454-UNJ Document 29 Filed 08/20/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-454V
Filed: July 30, 2015
Not for Publication
*************************************
BARBARA WRIGHT, *
*
Petitioner, *
* Damages decision based on proffer;
v. * influenza (flu) vaccine; shoulder
* injury related to vaccine
SECRETARY OF HEALTH * administration (SIRVA)
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Maximillian J. Muller, Philadelphia, PA, for petitioner.
Althea W. Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On May 27, 2014, petitioner filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. §§ 300aa-10–34 (2012), alleging that she suffered a shoulder injury as a result of
the influenza (“flu”) vaccination she received on October 1, 2013. On July 14, 2014, respondent
filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury related to
vaccine administration (“SIRVA”) and recommending compensation.
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this 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.
1

Case 1:14-vv-00454-UNJ Document 29 Filed 08/20/15 Page 2 of 4
On July 30, 2015, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards a lump sum payment of $120,000.00,
representing all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). The award shall be in the form of a check for $120,000.00 made payable to
petitioner, Barbara Wright.
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: July 30, 2015 /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

Case 1:14-vv-00454-UNJ Document 29 Filed 08/20/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BARBARA WRIGHT, )
)
)
Petitioner, ) No. 14-454V
) Special Master
v. ) Laura D. Millman
) 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 $120,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 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 $120,000.00 in the form of a check payable to petitioner,
Barbara Wright. 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, future lost earnings, and future pain and suffering.

Case 1:14-vv-00454-UNJ Document 29 Filed 08/20/15 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
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) 616-0515
DATED: 30 July 2015

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00454-1
Date issued/filed: 2015-09-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/13/2015) regarding 26 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00454-UNJ Document 30 Filed 09/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-454V
Filed: August 13, 2015
Not for Publication
*************************************
BARBARA WRIGHT, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Maximillian J. Muller, Philadelphia, PA, for petitioner.
Althea Davis, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On August 13, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for final attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner’s counsel asserts that
petitioner did not incur any costs in pursuit of her petition. Petitioner submitted a draft
application for attorneys’ fees and costs to respondent. During informal discussions, respondent
raised objections to certain items in petitioner’s application. Based on these objections, petitioner
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-00454-UNJ Document 30 Filed 09/03/15 Page 2 of 2
amends her application for attorneys’ fees and costs to $18,591.85. Respondent does not object to
this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards
$18,591.85, representing reimbursement for attorneys’ fees and costs. The award shall be in the
form of a check payable jointly to petitioner and Muller Brazil, LLP in the amount of $18,591.85.
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: August 13, 2015 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