VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00576
Package ID: USCOURTS-cofc-1_14-vv-00576
Petitioner: Gregory Smith
Filed: 2014-10-29
Decided: 2015-05-05
Vaccine: Tdap
Vaccination date: 2011-07-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 223770

AI-assisted case summary:
Gregory Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Tdap vaccination on July 11, 2011, caused a left shoulder injury and related sequelae. The respondent conceded that the alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that the petitioner met all legal prerequisites for compensation. An initial ruling on entitlement was issued on October 29, 2014. Subsequently, on February 10, 2015, the parties stipulated to an award of compensation. The Chief Special Master awarded Gregory Smith a total of $201,882.12 for all elements of compensation. Later, on March 10, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to a total award of $21,883.82. The final decision on attorneys' fees and costs was issued on May 5, 2015, awarding this amount jointly to the petitioner and his attorney.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00576-0
Date issued/filed: 2014-11-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/29/2014) regarding 23 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00576-UNJ Document 25 Filed 11/26/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-576V
Filed: October 29, 2014
* * * * * * * * * * * * * * * * * * * * * * * * *
GREGORY SMITH *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-diphtheria-acellular pertussis
v. * (“Tdap); Shoulder Injury Related to
* Vaccine Administration (“SIRVA”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Marvin Firestone, MD, JD & Associates, San Mateo, CA for petitioner.
Heather Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On July 8, 2014, Gregory Smith 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”]. The petition alleges that as a result of a tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccination on July 11, 2011, petitioner suffered
an injury to his left shoulder and related sequelae. Petition at 6.
On October 29, 2014, respondent filed her Rule 4(c) Report [“Respondent’s
Report”], in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at 5. Specifically, respondent submits “petitioner’s alleged injury
is consistent with a shoulder injury related to vaccine administration (“SIRVA”)” and that
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post this ruling and order 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 delete 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
delete 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-00576-UNJ Document 25 Filed 11/26/14 Page 2 of 2
“based on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. at 5.
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-00576-1
Date issued/filed: 2015-03-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/11/2015) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00576-UNJ Document 36 Filed 03/06/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-576V
Filed: February 11, 2015
* * * * * * * * * * * * * * * * * * * * * * * * *
GREGORY SMITH *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-diphtheria-acellular pertussis
v. * (“Tdap”) Vaccine; Shoulder Injury
* Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
* (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Marvin Firestone, Esq., Marvin Firestone, MD, JD and Associates, San Mateo, CA, for
petitioner.
Heather Pearlman, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On July 8, 2014, Gregory Smith 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”). The petition alleges that as a result of a Tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccination on July 11, 2011, petitioner suffered a
left shoulder injury and related sequelae. Petition at 6. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On October 29, 2014, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On February 10, 2015, respondent filed a proffer on award of
compensation (“Proffer”) detailing compensation for all elements of compensation to
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, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with
Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete 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 delete 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-00576-UNJ Document 36 Filed 03/06/15 Page 2 of 4
which petitioner would be entitled under §15(a). According to respondent’s Proffer,
petitioner agrees to the proposed award of compensation.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $201,882.12 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available
under §15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

Case 1:14-vv-00576-UNJ Document 36 Filed 03/06/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
GREGORY SMITH, )
)
Petitioner, ) No. 14-576V
) Chief Special Master Vowell
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
For purposes of this Proffer, the term “vaccine-related” is described in Respondent’s Rule
4(c) Report, filed on October 29, 2014, conceding entitlement in this case. Respondent proffers
that, based on the evidence of record, petitioner should be awarded $201,882.12. 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)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $201,882.12 in the form of a check payable to petitioner,
Gregory Smith. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
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, future pain and suffering, and
future lost wages.

Case 1:14-vv-00576-UNJ Document 36 Filed 03/06/15 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
s/ Heather L. Pearlman
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 353-2699
Fax: (202) 616-4310
Dated: February 10, 2015

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00576-2
Date issued/filed: 2015-05-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/11/2015) regarding 38 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00576-UNJ Document 40 Filed 05/05/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-576V
Filed: March 11, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
GREGORY SMITH, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation;
SECRETARY OF HEALTH AND * Special Processing Unit [“SPU”]
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Marvin Firestone, Esq., Marvin Firestone, MD, JD & Associates, San Mateo, CA, for
petitioner.
Heather Pearlman, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On July 8, 2015, Gregory Smith filed a petition for compensation under the
National Vaccine Injury Compensation Program,2 [the “Vaccine Act” or “Program”].
Petitioner alleged that as a result of a tetanus-diphtheria-acellular pertussis [“Tdap”]
vaccination on July 11, 2011, petitioner suffered a shoulder injury. Petition at 6. The
case was assigned to the Special Processing Unit [“SPU”] of the Office of Special
Masters. On February 11, 2015, I issued a decision awarding compensation to
petitioner based on respondent’s Proffer.
On March 10, 2015, the parties filed a Stipulation of Facts Regarding Final
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 $21, 883.82. In
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-00576-UNJ Document 40 Filed 05/05/15 Page 2 of 2
accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses.
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 $21, 883.823 as a lump sum in the form of a
check jointly payable to petitioner and his attorney, Marvin Firestone.
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