VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00509
Package ID: USCOURTS-cofc-1_14-vv-00509
Petitioner: Patrick Steven Chad MacDonald
Filed: 2014-06-16
Decided: 2015-11-19
Vaccine: influenza
Vaccination date: 2013-10-14
Condition: shoulder injury related to vaccine administration (SIRVA), neuritis, and/or other injuries
Outcome: compensated
Award amount USD: 81906

AI-assisted case summary:
Patrick Steven Chad MacDonald filed a petition for compensation on June 16, 2014, alleging that the influenza vaccine he received on October 14, 2013, caused him to suffer a shoulder injury related to vaccine administration (SIRVA) and neuritis. The respondent denied that the vaccine caused the injury. The parties reached a stipulation for compensation. The court adopted the stipulation, awarding Mr. MacDonald a lump sum of $81,000.00 for all damages. Subsequently, on October 7, 2015, the parties filed a stipulation for attorneys' fees and costs. Mr. MacDonald sought $42,000.00 for attorneys' fees and costs, and $906.01 for his own costs. The respondent did not object to these amounts. The court awarded the full requested amounts for fees and costs, totaling $42,906.01, in addition to the prior award for damages. The case was resolved through stipulations, and the petitioner received compensation for his SIRVA.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00509-0
Date issued/filed: 2015-07-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/25/2015) regarding 34 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00509-UNJ Document 38 Filed 07/21/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
PATRICK STEVEN CHAD * No. 14-509V
MACDONALD, *
*
Petitioner, * Special Master Moran
*
v. * Filed: June 25, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * shoulder injury.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Esq., Black, McLaren, Jones, Ryland & Griffee, PC,
Memphis, TN, for Petitioner;
Justine Walters, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 24, 2015, respondent filed a joint stipulation concerning the petition
for compensation filed by Patrick Steven Chad MacDonald on June 16, 2014. In
his petition, Mr. MacDonald alleged that the influenza (“flu”) vaccine, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and
which he received on October 14, 2013, caused him to suffer from a shoulder
injury. Petitioner represents that there has been no prior award or settlement of a
civil action for damages on his behalf as a result of his condition.
Respondent denies that the influenza immunization caused petitioner’s
shoulder injury or any other injury or his current condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00509-UNJ Document 38 Filed 07/21/15 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $81,000.00 in the form of a check payable to petitioner,
Patrick Steven Chad MacDonald. This amount represents
compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-509V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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CCaassee 11::1144--vvvv--0000550099--UUNNJJ DDooccuummeenntt 3338 FFiilleedd 0067//2241//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000550099--UUNNJJ DDooccuummeenntt 3338 FFiilleedd 0067//2241//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000550099--UUNNJJ DDooccuummeenntt 3338 FFiilleedd 0067//2241//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000550099--UUNNJJ DDooccuummeenntt 3338 FFiilleedd 0067//2241//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00509-1
Date issued/filed: 2015-11-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/13/2015) regarding 40 DECISION Fees Stipulation/proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. (Main Document 43 replaced on 11/25/2015) (tjk).
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Case 1:14-vv-00509-UNJ Document 43 Filed 11/19/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
PATRICK STEVEN CHAD * No. 14-509V
MACDONALD, *
*
Petitioner, * Special Master Moran
*
v. * Filed: October 13, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award in
AND HUMAN SERVICES, * the amount to which respondent does
* not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Esq., Black, McLaren, Jones, Ryland & Griffee, PC,
Memphis, TN, for Petitioner;
Justine Walters, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On October 7, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended his
application to request $42,000.00 for attorneys’ fees and costs incurred by
petitioner’s counsel, and $906.01 for costs incurred by petitioner, amounts to
which respondent does not object. The Court awards these amounts.
On June 16, 2014, Patrick MacDonald filed a petition for compensation,
alleging that the trivalent influenza (“flu”) vaccine, which he received on October
14, 2013, caused development of a shoulder injury related to vaccine
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00509-UNJ Document 43 Filed 11/19/15 Page 2 of 2
administration (“SIRVA”), neuritis, and/or other injuries. Petitioner received
compensation based upon the parties’ stipulation. Decision, issued June 25, 2015.
Because petitioner received compensation, he is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $42,000.00 in attorneys’ fees and costs. Petitioner
seeks a total of $906.01 in petitioner’s costs. Respondent has no objection to the
amount requested for attorneys’ fees and costs, or petitioner’s costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $42,000.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Michael G. McLaren, for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $906.01, payable to petitioner, Patrick MacDonald,
for costs he incurred in pursuit of his petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2