VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00462
Package ID: USCOURTS-cofc-1_14-vv-00462
Petitioner: Leslie Fox
Filed: 2014-09-25
Decided: 2014-10-24
Vaccine: influenza
Vaccination date: 2012-11-28
Condition: arm and shoulder injuries, including adhesive capsulitis
Outcome: compensated
Award amount USD: 90421

AI-assisted case summary:
Leslie Fox filed a petition for compensation under the National Vaccine Injury Compensation Program on September 25, 2014, alleging that an influenza vaccine administered on November 28, 2012, caused her arm and shoulder injuries, including adhesive capsulitis. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms. Fox was entitled to compensation. The respondent agreed that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine, noting no other identified causes and that the condition persisted for more than six months. Based on the respondent's concession and the evidence, the Special Master ruled that Ms. Fox was entitled to compensation. Subsequently, on September 25, 2014, the respondent filed a proffer on award of compensation, which Ms. Fox agreed to. The Special Master issued a decision awarding Ms. Fox a lump sum payment of $90,421.79 for all damages. Later, on October 17, 2014, the parties filed a joint stipulation for attorneys' fees and costs, with Ms. Fox requesting $21,500.00, to which the respondent did not object. The court adopted the stipulation, awarding the attorneys' fees and costs.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00462-0
Date issued/filed: 2014-10-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/25/2014) regarding 16 Ruling on Entitlement (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00462-UNJ Document 28 Filed 10/24/14 Page 1 of 2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-462V
Filed: September 25, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LESLIE FOX, *
*
Petitioner, * Ruling on Entitlement; Flu; SIRVA
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William Cochran, Jr., Esq., Black McLaren Jones Ryland & Griffee, PC, Memphis, TN
for petitioner.
Gordin Shemin, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Gowen, Special Master:
On June 2, 2014, Leslie Fox filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 [the “Vaccine
Act” or “Program”]. The petition alleges that as a result of an influenza vaccine
administered to her on November 28, 2012, she suffered arm and shoulder injuries,
including adhesive capsulitis. Petition at 1.
On August 25, 2014, respondent filed her Rule 4(c) Report [“Respondent’s
Report”], in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at 1.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post this ruling and 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00462-UNJ Document 28 Filed 10/24/14 Page 2 of 2
Specifically, respondent submits petitioner’s alleged injury is consistent with a
Shoulder Injury Related to Vaccine Administration [SIRVA] and that it was caused-in-
fact by the flu vaccine she received on November 28, 2012. Respondent’s Report at 4.
Respondent notes that she did not identify any other causes for petitioner’s SIRVA, and
based on the medical records outlined, petitioner met the statutory requirements by
suffering the condition for more than six months. Id. “Therefore, based on the record
as it now stands, [respondent concedes that] petitioner has satisfied all legal
prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00462-1
Date issued/filed: 2014-10-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/26/2014) regarding 19 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00462-UNJ Document 29 Filed 10/24/14 Page 1 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
No. 14-462V
Filed: September 26, 2014
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LESLIE FOX, *
*
Petitioner, * Decision on Damages; Flu; SIRVA
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William Cochran, Jr., Esq., Black McLaren Jones Ryland & Griffee, PC, Memphis, TN
for petitioner.
Gordin Shemin, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION ON DAMAGES1
Gowen, Special Master:
On June 2, 2014, Leslie Fox filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 [the “Vaccine
Act” or “Program”]. The petition alleges that as a result of an influenza vaccine
administered to her on November 28, 2012, she suffered arm and shoulder injuries,
including adhesive capsulitis. Petition at 1. On August 25, 2014, respondent filed her
Rule 4(c) Report [“Respondent’s Report”], in which she concedes that petitioner is
entitled to compensation in this case. Respondent’s Report at 1. I issued a Ruling on
Entitlement on September 25, 2014.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post this ruling 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00462-UNJ Document 29 Filed 10/24/14 Page 2 of 4
On September 25, 2014, respondent filed a proffer on award of compensation,
which indicated that petitioner agreed to the compensation amount. Additionally,
petitioner’s counsel was contacted by my chambers on September 25, 2014, and he
confirmed petitioner’s agreement with the proposed compensation amount contained
within the filed Proffer. Pursuant to the terms stated in the attached Proffer, I award
petitioner:
1. A lump sum payment of $90,421.79 in the form of a check payable to
petitioner, Leslie Fox. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

Case 1:14-vv-00462-UNJ Document 29 Filed 10/24/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
LESLIE FOX, )
)
Petitioner, ) No. 14-462V
) Special Master Gowen
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
For purposes of this Proffer, the term “vaccine-related” is described in Respondent’s Rule
4(c) Report, filed on August 25, 2014, conceding entitlement in this case. Respondent proffers
that, based on the evidence of record, petitioner should be awarded $90,421.79. 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)(A); 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 $90,421.79 in the form of a check payable to petitioner, Leslie
Fox. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
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 pain and suffering, and
future lost wages.

Case 1:14-vv-00462-UNJ Document 29 Filed 10/24/14 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOYCE R. BRANDA
Acting 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/ Gordon Shemin
GORDON SHEMIN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4208
Dated: September 25, 2014 Fax: (202) 353-2988

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00462-2
Date issued/filed: 2014-11-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/20/2014) regarding 25 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00462-UNJ Document 31 Filed 11/13/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-462V
Filed: October 20, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
LESLIE FOX, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs;
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, Memphis, TN, for petitioner.
Gordon Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On June 2, 2014, Leslie Fox (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving an influenza vaccine on November 28, 2012, she suffered arm and
shoulder injuries, including adhesive capsulitis. Petition ¶ 1. On August 25, 2014, respondent
filed her Rule 4(c) report in which she conceded that petitioner was entitled to compensation in
this case. Respondent’s Report at 1. The undersigned issued a Ruling on Entitlement on
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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).
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. §§ 300aa-1 to -34 (2006) (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.
1

Case 1:14-vv-00462-UNJ Document 31 Filed 11/13/14 Page 2 of 2
September 25, 2014. On that same day, respondent filed a proffer on award of compensation.
The undersigned’s chambers confirmed with petitioner that she was in agreement with the
proffered award and a Decision awarding compensation pursuant to the terms of the proffer was
issued on September 26, 2014. See Decision on Damages, filed Sept. 26, 2014.
On October 17, 2014, the parties filed a joint stipulation concerning attorneys’ fees and
costs. Petitioner requests a total award of attorneys’ fees and costs in the amount of $21,500.00.
Respondent does not object. In accordance with General Order #9, petitioner’s counsel
represents that petitioner did not personally incur costs in pursuit of this claim. See General
Order #9 Statement, filed Oct. 1, 2014.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of the parties’ joint stipulation, the undersigned
adopts the terms set forth therein as the decision of the court in awarding payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
William E. Cochran, Jr., of Black McLaren Jones Ryland & Griffee, in the amount
of $21,500.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
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