VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00558
Package ID: USCOURTS-cofc-1_14-vv-00558
Petitioner: Beatrice Thompson
Filed: 2014-10-02
Decided: 2014-10-23
Vaccine: influenza
Vaccination date: 2013-11-12
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 109975

AI-assisted case summary:
Beatrice Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2014, alleging that she developed left shoulder injuries after receiving an influenza vaccine on November 12, 2013. The respondent filed a report on September 15, 2014, conceding that the petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that she was entitled to compensation. A Ruling on Entitlement and a damages order were issued on September 16, 2014. On October 2, 2014, the respondent filed a Proffer on Award of Compensation, stating that the petitioner agreed with the proffered award. Special Master Nora Beth Dorsey found that the petitioner was entitled to an award as stated in the Proffer. The award included a lump sum payment of $95,225.00, payable to Beatrice Thompson, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The decision noted that petitioner was a competent adult and did not require guardianship. Judgment was to be entered as stipulated, with the parties renouncing the right to seek review. Subsequently, on October 6, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. Special Master Dorsey issued a decision on October 28, 2014, approving a total award of $14,750.00 for attorneys' fees and costs, payable jointly to petitioner Beatrice Thompson and her attorney, Paul R. Brazil of Muller Brazil, LLP. The total award to Beatrice Thompson was $109,975.00 ($95,225.00 for compensation and $14,750.00 for attorneys' fees and costs). The case proceeded as a Table claim, and judgment was entered based on the parties' joint filing renouncing the right to seek review. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Beatrice Thompson alleged left shoulder injuries after receiving an influenza vaccine on November 12, 2013. The respondent conceded the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA). The case proceeded as a Table claim. The public decision does not describe the specific mechanism of injury, onset of symptoms, medical examinations, or treatments. The respondent conceded entitlement, and the parties stipulated to an award. Special Master Nora Beth Dorsey awarded $95,225.00 for compensation and $14,750.00 for attorneys' fees and costs, for a total award of $109,975.00. Petitioner was represented by Paul R. Brazil (Muller Brazil, LLP) and respondent by Lara Ann Englund (U.S. Department of Justice). The decision was issued on October 23, 2014, with attorneys' fees decided on October 28, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00558-1
Date issued/filed: 2014-10-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/02/2014) regarding 17 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00558-UNJ Document 25 Filed 10/23/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-558V
(Filed: October 2, 2014)
* * * * * * * * * * * * * * *
BEATRICE THOMPSON, * UNPUBLISHED
* Special Master Dorsey
Petitioner, *
*
v. *
* Decision on Proffer; Damages;
SECRETARY OF HEALTH * Influenza (Flu) Vaccine; Shoulder
AND HUMAN SERVICES, * Injury Related to Vaccine
* Administration (SIRVA)
Respondent. *
*
* * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Lara Ann Englund, United States Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On June 30, 2014, Beatrice Thompson (“petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2006). Petitioner alleged that she developed left should injuries as a result of receiving an
influenza (flu) vaccine she received on November 12, 2013. See Petition at 1.
On September 15, 2014, respondent filed a report pursuant to Vaccine Rule 4(c)
conceding that petitioner is entitled to compensation in this case. Respondent’s Report at 3-4.
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.

Case 1:14-vv-00558-UNJ Document 25 Filed 10/23/14 Page 2 of 4
Specifically, respondent agreed that the alleged injury was consistent with shoulder injury related
to vaccine administration (“SIRVA”). Id. at 8-9.
A Ruling on Entitlement was issued on September 16, 2014, finding that petitioner
provided sufficient evidence to issue a ruling in her favor. A damages order was entered on the
same day.
On October 2, 2014, respondent filed a Proffer on Award of Compensation (“Proffer”).
In the Proffer, respondent represented that petitioner agrees with the 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 $95,225.00, in the form of a check payable to petitioner,
Beatrice Thompson. Respondent states that petitioner is a competent adult and that
guardianship is not required in this case. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
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/ Nora Beth Dorsey
Nora Beth Dorsey
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

Case 1:14-vv-00558-UNJ Document 25 Filed 10/23/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BEATRICE THOMPSON, )
)
Petitioner, )
)
v. ) No. 14-558V
) Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$95,225.00. 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)(B); and -15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as
lump sum payment of $95,225.00, in the form of a check payable to petitioner.1 Petitioner is a
competent adult. Evidence of guardianship is not required in this case. This amount accounts
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:14-vv-00558-UNJ Document 25 Filed 10/23/14 Page 4 of 4
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
DATED: October 2, 2014
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00558-2
Date issued/filed: 2014-10-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/07/2014) regarding 19 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00558-UNJ Document 26 Filed 10/28/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 7, 2014
* * * * * * * * * * * * * * UNPUBLISHED
BEATRICE THOMPSON, * No. 14-558V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Philadelphia PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On June 30, 2014, Beatrice Thompson (“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 she developed left shoulder injuries as a result of receiving an influenza
(flu) vaccine on November 12, 2013. See Petition at 1. On June 20, 2014, a decision was
entered based on the parties’ stipulation awarding compensation to petitioner.
On October 6, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
1 Because this decision contains a reasoned explanation for the undersigned’s 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, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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). Otherwise, the entire decision will be available to the
public. Id.
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-00558-UNJ Document 26 Filed 10/28/14 Page 2 of 2
attorneys’ fees and costs in the amount of $14,750.00. In accordance with General Order #9,
petitioner’s counsel represents that petitioner did not personally advance any reimbursable costs
in pursuit of her claim.
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, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Paul R.
Brazil, of Muller Brazil, LLP, in the amount of $14,750.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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