VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00574
Package ID: USCOURTS-cofc-1_14-vv-00574
Petitioner: Linda Cothern
Filed: 2014-07-07
Decided: 2014-12-10
Vaccine: influenza
Vaccination date: 2013-09-26
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Linda Cothern filed a petition for compensation under the National Vaccine Injury Compensation Program on July 7, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on September 26, 2013. The respondent, the Secretary of Health and Human Services, conceded that Ms. Cothern's injury was consistent with SIRVA and was caused in fact by the flu vaccine. The respondent also agreed that the injury lasted for more than six months and that no other causes could be identified. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms. Cothern entitled to compensation. Subsequently, on November 19, 2014, the parties filed a stipulation of fact concerning attorneys' fees and costs. They agreed upon a total award of $15,000.00 for attorneys' fees and costs. The Chief Special Master found this amount to be reasonable and awarded it as a lump sum, jointly payable to Ms. Cothern and her counsel. Judgment was entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00574-0
Date issued/filed: 2014-11-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/15/2014) regarding 14 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
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Case 1:14-vv-00574-UNJ Document 23 Filed 11/21/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-574V
Filed: October 15, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LINDA COTHERN, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Trivalent Influenza (Flu) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On July 7, 2014, Linda Cothern filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. Petitioner alleged that she suffered a shoulder injury which
was caused by the influenza vaccine she received on September 26, 2013. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 15, 2014, respondent filed her Rule 4(c) report [“Res. Report”] in
which she concedes that petitioner is entitled to compensation in this case. Res. Report
at 3. Specifically, respondent indicates “that petitioner’s alleged injury is consistent with
a shoulder injury related to vaccine administration (“SIRVA”) and that it was caused in
fact by the flu vaccine she received on September 26, 2013.” Id. Respondent agrees
that petitioner’s injury lasted for more than six months and that no other causes for
petitioner’s injury can be identified. Id.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it on the United States Court of Federal Claims' website, 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00574-UNJ Document 23 Filed 11/21/14 Page 2 of 2
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00574-1
Date issued/filed: 2014-11-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/21/2014) regarding 17 DECISION Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
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Case 1:14-vv-00574-UNJ Document 24 Filed 11/21/14 Page 1 of 4

Case 1:14-vv-00574-UNJ Document 24 Filed 11/21/14 Page 2 of 4

Case 1:14-vv-00574-UNJ Document 24 Filed 11/21/14 Page 3 of 4

Case 1:14-vv-00574-UNJ Document 24 Filed 11/21/14 Page 4 of 4

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00574-2
Date issued/filed: 2014-12-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/19/2014) regarding 22 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
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Case 1:14-vv-00574-UNJ Document 25 Filed 12/10/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-574V
Filed: November 19, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
LINDA COTHERN, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Althea Davis, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On July 7, 2014, Linda Cothern filed a petition for compensation under the
National Vaccine Injury Compensation Program,2 [the “Vaccine Act” or “Program”].
Petitioner alleged that she suffered a shoulder injury which was caused by the influenza
vaccine she received on September 26, 2013. Petition at 1. On October 21, 2014, I
issued a decision awarding compensation to petitioner based on the parties’ stipulation.
On November 19, 2014, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon a total
award of attorneys’ fees and costs to petitioner in the amount of $15,000.00. In
accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 14 days to identify
and move to redact medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
redact such material from public access.
2 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:14-vv-00574-UNJ Document 25 Filed 12/10/14 Page 2 of 2
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total $15,000.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Maximillian Muller.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2