VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00530
Package ID: USCOURTS-cofc-1_14-vv-00530
Petitioner: Leslie Hornick
Filed: 2014-06-20
Decided: 2014-12-01
Vaccine: influenza
Vaccination date: 2013-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Leslie Hornick filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination received on October 10, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded that Petitioner was entitled to compensation. The respondent agreed that the injury was consistent with SIRVA and that the evidence indicated it was causally related to the vaccination. Based on the respondent's concession and a review of the record, the Special Master found Petitioner entitled to compensation. The case then proceeded to the damages phase. On November 5, 2014, the respondent filed a Proffer of Damages recommending an award of $80,000.00, with which Petitioner agreed. The Special Master awarded Petitioner a lump sum payment of $80,000.00. Subsequently, on November 12, 2014, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to an award of $13,800.00. The Special Master found the petition was brought in good faith with a reasonable basis, and awarded the stipulated amount for fees and costs, payable jointly to Petitioner and her counsel.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00530-0
Date issued/filed: 2014-11-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/29/2014) regarding 15 Ruling on Entitlement Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00530-UNJ Document 26 Filed 11/21/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: October 29, 2014)
* * * * * * * * * * * * * * * UNPUBLISHED
LESLIE HORNICK, *
* No. 14-530V
Petitioner, *
*
v. * Special Master Hamilton-Fieldman
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Ruling on Entitlement; Conceded;
* Influenza (Flu) Vaccine; Shoulder Injury
Respondent. * Related to Vaccine Administration
* (SIRVA).
* * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner.
Alexis Babcock, United States Department of Justice, Washington, D.C., for Respondent.
RULING ON ENTITLEMENT1
On June 20, 2014, Leslie Hornick (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner alleged that an
influenza (“flu”) vaccination she received on October 10, 2013 caused her to suffer from a
shoulder injury related to vaccine administration (“SIRVA”).
On October 28, 2014, Respondent filed a report pursuant to Vaccine Rule 4(c) in which
she concedes that Petitioner is entitled to compensation in this case. Specifically, Respondent
agrees that Petitioner’s alleged injury is consistent with SIRVA and that “a preponderance of the
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In
accordance with the Vaccine Rules, 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). Further, consistent with the rule requirement, a motion for redaction must include a
proposed redacted decision. If, upon review, the undersigned agrees that the identified material
fits within the requirements of that provision, such material will be deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:14-vv-00530-UNJ Document 26 Filed 11/21/14 Page 2 of 2
evidence indicates that the injury was causally related to the vaccination.” Rule 4 Report at 3.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
Respondent’s concession and a review of the record, the undersigned finds that Petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00530-1
Date issued/filed: 2014-12-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/05/2014) regarding 18 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00530-UNJ Document 27 Filed 12/01/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-530V
(Filed: November 5, 2014)
* * * * * * * * * * * * * * *
LESLIE HORNICK, * UNPUBLISHED
*
Petitioner, * Special Master Hamilton-Fieldman
*
v. *
* Decision on Proffer; Damages;
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; Shoulder
AND HUMAN SERVICES, * Injury Related to Vaccine
* Administration (SIRVA).
Respondent. *
*
* * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner.
Alexis Babcock, United States Department of Justice, Washington, D.C., for Respondent.
DECISION AWARDING DAMAGES1
On June 20, 2014, Leslie Hornick (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner alleged that an
influenza (“flu”) vaccination she received on October 10, 2013 caused her to suffer from a
shoulder injury related to vaccine administration (“SIRVA”). On October 29, 2014, the
undersigned issued a Ruling finding that Petitioner is entitled to compensation.
On November 5, 2014, Respondent filed a Proffer of Damages (“Proffer”) recommending
that Petitioner be awarded $80,000.00. Respondent represents that Petitioner agrees with the
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 Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:14-vv-00530-UNJ Document 27 Filed 12/01/14 Page 2 of 2
proffered award.
Based on the record as a whole, the undersigned finds that Petitioner is entitled to an
award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the
undersigned awards Petitioner:
A lump sum payment of $80,000.00 in the form of a check payable to
Petitioner.
Proffer ¶ II.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-00530-2
Date issued/filed: 2014-12-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/12/2014) regarding 21 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00530-UNJ Document 28 Filed 12/03/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-530V
(Filed: November 12, 2014)
* * * * * * * * * * * * * * *
LESLIE HORNICK, * UNPUBLISHED
*
Petitioner, * Special Master Hamilton-Fieldman
*
v. *
* Decision on Attorneys’ Fees and
SECRETARY OF HEALTH * Costs; Reasonable Amount
AND HUMAN SERVICES, * Requested to Which Respondent
* Does Not Object.
Respondent. *
*
* * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner.
Alexis Babcock, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On June 20, 2014, Leslie Hornick (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner alleged that an
influenza (“flu”) vaccination she received on October 10, 2013 caused her to suffer from a
shoulder injury related to vaccine administration (“SIRVA”). On October 29, 2014, the
undersigned issued a ruling in favor of entitlement, and on November 5, 2014, the undersigned
issued a decision awarding damages.
On November 12, 2014, the parties filed a Stipulation of Facts Regarding Final
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 Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:14-vv-00530-UNJ Document 28 Filed 12/03/14 Page 2 of 2
Attorneys’ Fees and Costs. In the stipulation, the parties stipulate to an award of Attorneys’ Fees
and Costs in the amount of $13,800.00. In compliance with General Order #9, Petitioner’s
counsel represents that Petitioner has incurred no out-of-pocket expenses in pursuit of her claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $13,800.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Maximillian
Muller, of the law firm Muller Brazil, LLP.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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