VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00553
Package ID: USCOURTS-cofc-1_14-vv-00553
Petitioner: Mary Dedon
Filed: 2014-06-27
Decided: 2015-06-11
Vaccine: influenza
Vaccination date: 2011-09-08
Condition: left arm injury, complex regional pain syndrome (CRPS)
Outcome: compensated
Award amount USD: 218982

AI-assisted case summary:
Mary Dedon filed a petition on June 27, 2014, alleging that she suffered a left arm injury, specifically Complex Regional Pain Syndrome (CRPS), as a result of an influenza vaccine received on September 8, 2011. The Secretary of Health and Human Services, represented by Ann D. Martin, filed a Rule 4(c) Report on October 27, 2014, conceding that petitioner's CRPS was caused by the vaccine and recommending compensation. The parties subsequently entered into a stipulation for an award of compensation. Special Master Laura D. Millman issued a decision on December 17, 2014, awarding Mary Dedon a total of $199,806.21. This award comprised $56,127.34 for future medical care expenses, $140,000.00 for pain and suffering, and $3,678.87 for past unreimbursable expenses. The award was to be paid as a lump sum check made payable to petitioner. Later, on May 21, 2015, Special Master Millman issued another decision regarding attorneys' fees and costs. Following a stipulation of facts filed by the parties on May 20, 2015, the court awarded $19,176.00 for attorneys' fees and costs. This amount was to be paid as a check payable jointly to petitioner and the Law Office of Todd M. Joffrion. The total compensation awarded to Mary Dedon was $218,982.21.

Theory of causation field:
Petitioner Mary Dedon alleged that an influenza vaccine administered on September 8, 2011, caused her to develop Complex Regional Pain Syndrome (CRPS) in her left arm. Respondent conceded that the vaccine caused the injury, which was not due to unrelated factors. The parties stipulated to an award of compensation. Special Master Laura D. Millman awarded $199,806.21 for future medical care, pain and suffering, and past unreimbursable expenses, and subsequently awarded $19,176.00 for attorneys' fees and costs, for a total award of $218,982.21. The theory of causation was that the flu vaccine caused the CRPS, which is an off-Table injury. No specific medical experts or detailed mechanism of injury were described in the provided public text. Petitioner was represented by Todd M. Joffrion, and respondent was represented by Ann D. Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00553-0
Date issued/filed: 2015-01-07
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 12/17/2014) regarding 17 DECISION of Special Master Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00553-UNJ Document 21 Filed 01/07/15 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-553V
December 17, 2014
Not to be Published
***************************************
MARY DEDON, *
*
Petitioner, * Damages decision based on proffer;
* influenza (“flu”) vaccine; shoulder
v. * injury; complex regional pain
* syndrome (“CRPS”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
***************************************
Todd M. Joffrion, Houma, LA, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION1
On June 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 arm injury as a result of
the influenza (“flu”) vaccination she received on September 8, 2011. On October 27, 2014,
respondent filed her Rule 4(c) Report, conceding that petitioner suffered a left arm injury,
complex regional pain syndrome (“CRPS”), that her flu vaccination caused, 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’ 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, petitioners have 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 categories listed above, the special master shall redact such material
from public access.

Case 1:14-vv-00553-UNJ Document 21 Filed 01/07/15 Page 2 of 6
On December 16, 2014, respondent filed Respondent’s Proffer on Award of
Compensation. The undersigned finds the terms of the attached 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 proffer, the court awards the following:
A lump sum payment of $199,806.21, representing compensation
for future medical care expenses ($56,127.34), pain and suffering
($140,000.00), and past unreimbursable expenses ($3,678.87).
The award shall be in the form of a check for $199,806.21 made payable to petitioner.
This amount covers all damages 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 of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
December 17, 2014 /s/ Laura D. Millman
DATE 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

CCaassee 11::1144--vvvv--0000555533--UUNNJJ DDooccuummeenntt 1261 FFiilleedd 1021//1067//1145 PPaaggee 13 ooff 46
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MARY DEDON, )
)
Petitioner, )
) No. 14-553V
v. ) Special Master Millman
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 27, 2014, Mary Dedon (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”),
42 U.S.C. §§ 300aa-10 to -34. Petitioner alleges that she received an influenza (“flu”) vaccine
on September 8, 2011, and thereafter suffered Reflex Sympathetic Dystrophy (“RSD”)/Complex
Regional Pain Syndrome (“CRPS”)” in her left arm that was caused in fact by the vaccine. See
Petition at 1-3. Petitioner filed documentation in support of her claim on or about September 22,
2014. See Petitioner’s Exhibits (“Pet. Exs.”) at 1-8.
The Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report on
October 27, 2014, conceding that the injury to petitioner’s left arm, CRPS, was caused-in-fact by
the administration of her September 8, 2011, flu vaccine, and that this injury is not due to factors
unrelated to the administration of the flu vaccine. Respondent recommended that petitioner be
awarded compensation for CRPS in her left arm. Respondent hereby submits the following
proffer regarding the award of compensation. For the purposes of this proffer, the term
“vaccine-related” is as described in Respondent’s Rule 4(c) Report.

CCaassee 11::1144--vvvv--0000555533--UUNNJJ DDooccuummeenntt 1261 FFiilleedd 1021//1067//1145 PPaaggee 24 ooff 46
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, Petitioner is entitled to an
award for projected unreimbursable medical care expenses incurred from the date of judgment as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A), in the amount of $56,127.34.
Petitioner agrees.
B. Lost Earnings
Respondent proffers that based upon the evidence of record, Petitioner has not and is not
likely to suffer a loss of earnings as a result of her vaccine injury. Accordingly, Petitioner should
not be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A).
Petitioner agrees.
C. Pain and Suffering
Respondent proffers that Petitioner should be awarded a lump sum of $140,000.00 for
Petitioner’s actual and projected pain and suffering as provided under the Vaccine Act, 42 U.S.C.
§ 300aa-15(a)(4). Petitioner agrees
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $3,678.87. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to Petitioner’s
vaccine-related injury.
2

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II. Form of the Award
The parties recommend that the compensation provided to Petitioner should be made
through a lump sum payment and request that the special master’s decision and the Court’s
judgment award the following:1
A lump sum payment of $199,806.21, payable to Petitioner. This amount represents
compensation for future medical care expense ($56,127.34), pain and suffering
($140,000.00), and past unreimbursable expenses ($3,678.87) and covers all damages
available under 42 U.S.C. § 300aa-15(a).
III. Summary of Recommended Payments Following Judgment
Lump sum paid to Petitioner: $199,806.21
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
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 and future pain and suffering.
3

CCaassee 11::1144--vvvv--0000555533--UUNNJJ DDooccuummeenntt 1261 FFiilleedd 1021//1067//1145 PPaaggee 46 ooff 46
s/ ANN D. MARTIN
ANN D. MARTIN
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) 307-1815
DATED: December 16, 2014
4

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00553-1
Date issued/filed: 2015-06-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/21/2015) regarding 24 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00553-UNJ Document 27 Filed 06/11/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-553V
Filed: May 21, 2015
Not for Publication
*************************************
MARY DEDON, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of facts
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Todd M. Joffrion, Houma, LA, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On May 20, 2015, the parties filed a stipulation of facts 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 a draft application 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-00553-UNJ Document 27 Filed 06/11/15 Page 2 of 2
attorneys’ fees and costs to $19,176.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $19,176.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and the Law Office of Todd M. Joffrion in the amount of
$19,176.00.
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: May 21, 2015 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