VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00488
Package ID: USCOURTS-cofc-1_14-vv-00488
Petitioner: Laura Riggs
Filed: 2014-06-06
Decided: 2015-11-06
Vaccine: influenza
Vaccination date: 2013-01-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 59867

AI-assisted case summary:
Laura Riggs filed a petition on June 6, 2014, under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA), specifically Rotator Cuff Tendinopathy, after receiving an influenza vaccine on or about January 16, 2013. She further alleged that she experienced residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's SIRVA injury. On March 24, 2015, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Thomas L. Gowen adopted the stipulation, awarding Laura Riggs a lump sum of $48,000.00 for all damages. Judgment was entered on March 27, 2015. Subsequently, on October 9, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Gowen approved an award of $11,867.67 in attorneys' fees and costs, payable jointly to petitioner and her counsel, Erin A. Juzapavicus. The total compensation awarded to Laura Riggs was $59,867.67.

Theory of causation field:
Laura Riggs filed a petition alleging SIRVA, specifically Rotator Cuff Tendinopathy, after an influenza vaccine on January 16, 2013. The respondent denied causation. The parties stipulated to an award. The public decision does not describe the specific medical mechanism or expert testimony regarding causation. The initial award was $48,000.00 for all damages, and attorneys' fees and costs were awarded in the amount of $11,867.67, for a total award of $59,867.67. Special Master Thomas L. Gowen issued decisions on March 25, 2015, and November 6, 2015. Petitioner's counsel was Erin A. Juzapavicus, and respondent's counsel was Julia W. McInerny.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00488-0
Date issued/filed: 2015-04-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/25/2015) regarding 19 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00488-UNJ Document 24 Filed 04/15/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-488V
Filed: March 25, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
LAURA RIGGS, an individual, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* SIRVA.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Erin A. Juzapavicus, Milam Howard Nicandri Dees & Gillam, Jacksonville, FL, for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On June 6, 2014, Laura Riggs (“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 (“flu”) vaccine on or about January 16, 2013, she suffered
a shoulder injury related to vaccine administration (SIRVA). Stipulation ¶ 2, 4. Further, petitioner
alleged that she experienced residual effects of her injury for more than six months. Id. at ¶ 5.
On March 24, 2015, the parties filed a stipulation in which they state that a decision should
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-00488-UNJ Document 24 Filed 04/15/15 Page 2 of 7
be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s
SIRVA injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation attached hereto as
Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $48,000.00 in the form of a check payable to petitioner, Laura Riggs.
This amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.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

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Case 1:14-vv-00488-UNJ Document 24 Filed 04/15/15 Page 5 of 7

Case 1:14-vv-00488-UNJ Document 24 Filed 04/15/15 Page 6 of 7

Case 1:14-vv-00488-UNJ Document 24 Filed 04/15/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00488-1
Date issued/filed: 2015-11-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/13/2015) regarding 28 DECISION Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00488-UNJ Document 31 Filed 11/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-488V
Filed: October 13, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
LAURA RIGGS, *
*
Petitioner, * Special Master Gowen
*
v. *
*
SECRETARY OF HEALTH * Stipulation;
AND HUMAN SERVICES, * Attorneys’ Fees and Costs
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Erin A. Juzapavicus, Milam Howard Nicandri Dees & Gillam, P.A., Jacksonville, FL, for
petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On June 6, 2014, Laura Riggs (“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 (“flu”) vaccine on January 16, 2013, she suffered
Rotator Cuff Tendinopathy. Petition at Preamble. Further, petitioner alleged that she
experienced residual effects of his injury for more than six months. Id. at ¶ 25. A Decision was
issued on March 25, 2015, awarding compensation pursuant to the parties’ stipulation filed
March 24, 2015. Judgment was entered March 27, 2015.
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-00488-UNJ Document 31 Filed 11/06/15 Page 2 of 2
On October 9, 2015, the parties filed a Stipulation concerning attorneys’ fees and costs.
The parties stipulate to an award of $11,867.67 in attorneys’ fees and costs. Stip. of Fact ¶ 3.
Pursuant to General Order #9, petitioner’s counsel also represented that petitioner had not
incurred any reimbursable out-of-pocket expenses in this matter. Id. at ¶ 4.
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’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, I hereby award:
(1) A lump sum of $11,867.67 in the form of a check payable jointly to petitioner and
petitioner’s counsel of record, Erin A. Juzapavicus, for petitioner’s attorneys’ fees
and costs.
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