VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00573
Package ID: USCOURTS-cofc-1_14-vv-00573
Petitioner: Penny Rackley
Filed: 2014-12-30
Decided: 2015-02-03
Vaccine: influenza
Vaccination date: 2013-10-25
Condition: shoulder injury
Outcome: compensated
Award amount USD: 130714

AI-assisted case summary:
Penny Rackley filed a petition on December 30, 2014, alleging that the influenza and pneumococcal vaccines she received on October 25, 2013, caused her to suffer a shoulder injury with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused the petitioner's alleged shoulder injury or any other injury or condition. The parties ultimately agreed to settle the case through a joint stipulation. Special Master Christian J. Moran reviewed and adopted the stipulation as the decision of the Court. The stipulation provided for vaccine compensation payments, including a lump sum of $115,000.00 payable to Penny Rackley for all damages, and a lump sum of $15,714.97 payable jointly to Ms. Rackley and her attorney, Maximillian Muller, for attorneys' fees and costs. The stipulation stated that no out-of-pocket expenses were incurred by the petitioner. The decision noted that the case was resolved via stipulation, with the parties agreeing to the terms of the settlement without an admission of causation by the respondent. Penny Rackley, in return for the payments, released the United States and the Secretary from all claims related to the flu vaccination administered on October 25, 2013. The decision was signed by Special Master Christian J. Moran and filed on February 3, 2015. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Penny Rackley alleged that the influenza and pneumococcal vaccines received on October 25, 2013, caused a shoulder injury with residual effects lasting more than six months. The respondent denied causation. The parties entered into a joint stipulation to settle the case. The stipulation was adopted by Special Master Christian J. Moran on February 3, 2015. The settlement included a lump sum payment of $115,000.00 for damages and $15,714.97 for attorneys' fees and costs, payable jointly to the petitioner and her attorney, Maximillian Muller. The stipulation explicitly stated that it was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused the petitioner's alleged shoulder injury. The theory of causation falls under the Vaccine Injury Table (SIRVA). Petitioner was represented by Maximillian J. Muller, and Respondent was represented by Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00573-0
Date issued/filed: 2015-02-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/30/2014) regarding 13 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00573-UNJ Document 17 Filed 02/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
PENNY RACKLEY, *
* No. 14-573
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: December 30, 2014
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (flu) vaccine;
* shoulder injury; attorneys’ fees
Respondent. * and costs.
* * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner;
Traci R. Patton, U.S. Department of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION1
On December 29, 2014, the respondent filed a joint stipulation concerning
the petition for compensation filed by Penny Rackley. In her petition, Ms. Rackley
alleges that the influenza (“flu”) vaccine and the pneumococcal vaccine, which are
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and
which she received on October 25, 2013, caused her to suffer a shoulder injury.
Petitioner further alleges that she experienced residual effects of this injury for
more than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on her behalf as a result of her condition.
Respondent denies that the flu immunization is the cause of petitioner's
alleged shoulder injury or any other injury or 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 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-00573-UNJ Document 17 Filed 02/03/15 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 and attorneys’ fees and costs, on the
terms set forth therein.
Compensation awarded in that stipulation includes:
A. A lump sum payment of $115,000.00 in the form of a check payable
to Penny Rackley, petitioner. This amount represents compensation
for all damages that would be available under 42 U.S.C. §300aa-
15(a); and
B. A lump sum of $15,714.97, in the form of a check payable jointly to
petitioner and petitioner’s attorney, Maximillian Muller, for
attorneys’ fees and costs available under 42 U.S.C. §300aa-15(e), and,
in compliance with General Order #9, no out-of-pocket expenses
were incurred by petitioner in proceeding on the petition.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-573V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
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

Case 1:14-vv-00573-UNJ Document 17 Filed 02/03/15 Page 3 of 7

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7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l(a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $115,000.00 in the fonn of a check payable to petitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a); and
b. A lump sum of$15,714.97, in the fonn of a check payable jointly to
petitioner and petitioner's attorney, Maximillian Muller, fo1· attorney's
fees and costs available under42 U.S.C. § 300aa-15(e). In compliance
with General Order #9, petitioner represents that he incurred no out-of
pocket litigation expenses in proceeding on the petition.
9. Petitioner and her attorney represent that compensation to be provided pursuant to this
Stipulation is not for any items or services fo1· which the Program is not primarily liable under 42
U.S.C. § 300na-15(g), to the extent that payment has been made or can reasonably be expected to
be made under any State compensation prog1·ams, insurance policies, Federal or State health
benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or
by entities that provide health services on a pre-paid basis.
J0 . Payments made pursuant to paragraph 8 of this Stipulation will be made in
accordance with 42 U.S.C. § 300aa-15(i), subject to the avaiJability of sufficient statutory funds.
11. The parties and their attorneys further agree and stipulate thut, excepl for any awa1·d
for attorneys' fees, litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
2

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strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C,
§ 300aa-l 5(g) and (h).
12. In return for the payments described in paragraph 8, petitioner, in her individual
capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does
forever irrevocably and unconditionally release, acquit and discharge the United States and the
Secretary of Health and Human Services from any and al 1 actions, or causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could h(lve been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine injury Compensation Program, 42
U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all kOown or
unknown personal injuries to or death of petitioner resulting from, or alleged to have resulted
from, the flu vaccination administered on October 25, 2013, as alleged by petitioner in a petition
for vaccine compensation filed on or about July 7, 2014, in tbe Unjted States Court of federal
Claims as petition No. 14-573V.
13. If pelitionel' should die prior to entry ofj udgment, thls agreement shall be voidable
upon proper no lice to the Court on behalf of either or both of the parties.
14. If the special master fails to issue a decision in complete conformity with the terms
of tills Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
15. ~his Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended. There
is absolutely no agreement on the part of the parties hereto to make any payment or to do any act
3

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or thing other than is herein expressly stated and clearly agreed to. The parties further agree and
understand that the award described in this Stipulation may reflect a compl'Omise of the parties'
respective positions as to liability ru1d/or amount of damages, and fu1ther, tbat a change in the
nature of the injury or condition or in the items of compensation sought, is not grounds to modify
or revise this agreement.
l 6. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
inju1·y, or any other injury or condition.
17. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executers, administrators, successors, and/or assigns.
END OF STIPULATION
4

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Respectfully submitted.
PF.Tl TIO NER:
AUTHORIZED UEJ>IU~SRNTATIVF.
OF Tllli_ATTOl NEY G~~Rl)AL: J\ "'
\}'-, ~ ~'d-1
Dcpuly Director
2 0 I Pennsylvnnia A vc. Torts Branch
Suite I C-44 Civil Division
Philndclphio, PA 19130 U.S. Department of Justice
t21 S) 259-8662 P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPIH'.SRNTATIVR AT'l'ORNl!:Y OF RF:CORD FOR
OF THE SECRl<:TARY Oil HEALTH UF.SPONDENT:
AND HUMAN SERVICES:
rt7va~i e ~~
I~
Lu
1 Rl1<.d~
£ du
- 0
A. MEtfSSA IIOUSTON, M.D., M.P.11., FAAP TRACI R. PATTON
Director, Division of Jnjury Compensation Senior Trial Altorney
Programs (DICP) 'fo ris Ornnch
Hcnllhcarc Systems Ourcau · Civil Division
U.S. D~pur11111.mt of HcRlth and llumnn Services U.S. Dcpartmcnl ol'Juslicc
5600 rishcrs I ,anc P.O. 13ox 146
Pnrklnwn Building, Mnil Stop 11 C-26 Ocnjnmin Frunklin Stntion
Rockville, MD 20857 Wnshington, DC 200'14-0146
Tel: (202) 353-1589
I ¥
DATE: Id, { J.j J.01
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