VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00662
Package ID: USCOURTS-cofc-1_14-vv-00662
Petitioner: Gretchen Brady Ebright
Filed: 2014-12-03
Decided: 2014-12-03
Vaccine: influenza
Vaccination date: 2013-11-08
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Gretchen Brady Ebright filed a petition on July 28, 2014, under the National Childhood Vaccine Injury Act, alleging a left shoulder injury resulting from an influenza vaccination received on November 8, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on November 19, 2014, conceding that Ms. Ebright suffered from a shoulder injury related to vaccine administration (SIRVA) and recommended compensation. The parties subsequently entered into a stipulation for an award of compensation. On December 3, 2014, Special Master Laura D. Millman issued a decision awarding a lump sum payment of $90,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). This award was to be paid via a check made payable to Ms. Ebright. Petitioner was represented by James R. Moyles, and respondent was represented by Ann D. Martin. On January 26, 2015, the parties filed a stipulation of fact regarding attorneys' fees and costs. Petitioner's counsel, James R. Moyles, initially submitted an application for fees and costs, which respondent raised objections to. Petitioner amended the application to $21,938.17, an amount to which respondent did not object. Special Master Millman issued a decision on January 26, 2015, awarding $21,938.17 for attorneys' fees and costs. This award was to be paid via a check made payable jointly to Gretchen Brady Ebright and Moyles Law Firm.

Theory of causation field:
Petitioner Gretchen Brady Ebright alleged a left shoulder injury, diagnosed as shoulder injury related to vaccine administration (SIRVA), following an influenza vaccination on November 8, 2013. The respondent conceded the SIRVA diagnosis and recommended compensation. The parties stipulated to an award for all elements of compensation under 42 U.S.C. § 300aa-15(a). The Special Master, Laura D. Millman, awarded a lump sum of $90,000.00 on December 3, 2014, based on the stipulation. Attorneys' fees and costs in the amount of $21,938.17 were subsequently awarded on January 26, 2015, also by stipulation. The public decision does not detail the specific mechanism of injury or name any medical experts. The theory of causation is based on the "Table" provision of the Vaccine Injury Table, specifically SIRVA.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00662-0
Date issued/filed: 2014-12-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/03/2014) regarding 14 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00662-UNJ Document 19 Filed 12/30/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-662V
Filed: December 3, 2014
Not for Publication
*************************************
GRETCHEN BRADY EBRIGHT, *
*
Petitioner, *
* Damages decision based on proffer;
v. * influenza (flu) vaccine; shoulder
* injury related to vaccine
SECRETARY OF HEALTH * administration (SIRVA)
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
James R. Moyles, Harrisburg, PA, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On July 28, 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 shoulder injury as a result
of the influenza (“flu”) vaccination she received on November 8, 2013. On November 19, 2014,
respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury
related to vaccine administration (“SIRVA”) 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'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.
1

Case 1:14-vv-00662-UNJ Document 19 Filed 12/30/14 Page 2 of 4
On December 3, 2014, respondent filed Respondent’s Proffer on Award of
Compensation. The undersigned finds the terms of the 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 attached proffer, the court awards a lump sum
payment of $90,000.00, representing all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $90,000.00
made payable to petitioner.
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: December 3, 2014 /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

Case 1:14-vv-00662-UNJ Document 19 Filed 12/30/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
GRETCHEN BRADY EBRIGHT, )
)
Petitioner, )
) No. 14-662V
v. ) Special Master Millman
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$90,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $90,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
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.

Case 1:14-vv-00662-UNJ Document 19 Filed 12/30/14 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
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
Telephone: (202) 307-1815
Dated: December 3, 2014
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00662-1
Date issued/filed: 2015-02-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/26/2015) regarding 22 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00662-UNJ Document 25 Filed 02/19/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-662V
Filed: January 26, 2015
Not for Publication
*************************************
GRETCHEN BRADY EBRIGHT, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
James R. Moyles, Lemoyne, PA, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On January 26, 2015, the parties filed a stipulation of fact 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-00662-UNJ Document 25 Filed 02/19/15 Page 2 of 2
attorneys’ fees and costs to $21,938.17. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $21,938.17,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Moyles Law Firm in the amount of $21,938.17.
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: January 26, 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