VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00455
Package ID: USCOURTS-cofc-1_14-vv-00455
Petitioner: Erin Menser
Filed: 2014-08-26
Decided: 2014-09-16
Vaccine: influenza (flu)
Vaccination date: 2013-08-30
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 94500

AI-assisted case summary:
Erin Menser filed a petition on August 26, 2014, alleging that she suffered a left shoulder injury as a result of an influenza vaccine she received on August 30, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 22, 2014, conceding that Ms. Menser suffered from a shoulder injury related to vaccine administration (SIRVA) and recommended compensation. The parties subsequently filed a stipulation for an award of compensation. On August 26, 2014, the respondent filed a Proffer of Damages, proposing an award of $80,000.00 for all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner agreed with this amount. Special Master Laura D. Millman reviewed the proffer and found its terms reasonable, awarding a lump sum payment of $80,000.00 to Ms. Menser, to be paid by check. On September 15, 2014, the parties filed a stipulation for attorneys' fees and costs. Petitioner's counsel, Maximillian J. Muller, initially submitted a request, which was amended to $14,500.00 after respondent raised objections to certain items. Respondent did not object to the amended amount. Special Master Millman found the $14,500.00 to be reasonable and awarded it as reimbursement for attorneys' fees and costs, to be paid by check jointly to petitioner and Muller Brazil, LLP. The total compensation awarded to Ms. Menser was $94,500.00 ($80,000.00 for damages and $14,500.00 for fees and costs). The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Erin Menser alleged a left shoulder injury following an influenza vaccine administered on August 30, 2013. The respondent conceded that the injury was a shoulder injury related to vaccine administration (SIRVA). The case proceeded on a stipulation of fact and proffer of damages. The theory of causation relied upon was the "Table" category, indicating a condition listed in the Vaccine Injury Table. The parties stipulated to an award of $80,000.00 for all elements of compensation. Attorneys' fees and costs were stipulated at $14,500.00. The total award was $94,500.00. Special Master Laura D. Millman issued decisions on September 16, 2014, and October 8, 2014, approving the stipulated awards. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Alexis B. Babcock. The public decision does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00455-0
Date issued/filed: 2014-09-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/26/2014) regarding 13 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00455-UNJ Document 21 Filed 09/16/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-455V
Filed: August 26, 2014
Not for Publication
*************************************
ERIN MENSER, *
*
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.
Alexis B. Babcock, 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 (2006), alleging that she suffered a left shoulder injury as a result
of the influenza (“flu”) vaccination she received on August 30, 2013. On August 22, 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-00455-UNJ Document 21 Filed 09/16/14 Page 2 of 4
On August 26, 2014, 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 $80,000.00,
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 $80,000.00 made payable to
petitioner.
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 26, 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

Case 1:14-vv-00455-UNJ Document 21 Filed 09/16/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
ERIN MENSER, )
)
Petitioner, )
) No. 14-455
v. ) Special Master Millman
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$80,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees with this amount.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $80,000.00 in the form of a check payable to petitioner.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
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.
1

Case 1:14-vv-00455-UNJ Document 21 Filed 09/16/14 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-7678
Dated: August 26, 2014
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00455-1
Date issued/filed: 2014-10-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/15/2014) regarding 19 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00455-UNJ Document 23 Filed 10/08/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-455V
Filed: September 15, 2014
Not for Publication
*************************************
ERIN MENSER, *
*
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.
Alexis B. Babcock, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On September 15, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted her request 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 amends her application for
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-00455-UNJ Document 23 Filed 10/08/14 Page 2 of 2
attorneys’ fees and costs to $14,500.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $14,500.00,
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 $14,500.00.
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: September 15, 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