VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00749
Package ID: USCOURTS-cofc-1_14-vv-00749
Petitioner: Susan Charbonneau
Filed: 2015-06-16
Decided: 2015-10-20
Vaccine: influenza
Vaccination date: 2011-09-21
Condition: shoulder injury
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Susan Charbonneau filed a petition on June 16, 2015, alleging that she suffered a shoulder injury caused by an influenza vaccine she received on September 21, 2011. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her injury. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation and awarded Ms. Charbonneau $80,000.00 in damages, representing reimbursement for all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid by check to the petitioner. Subsequently, on September 29, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Petitioner asserted she incurred no costs. After respondent raised objections to certain items in petitioner's initial application, the application was amended to $15,980.15, an amount to which the respondent did not object. Special Master Millman found this amount reasonable and awarded $15,980.15 for attorneys' fees and costs, to be paid by check jointly to the petitioner and Maglio, Christopher & Toale, PA. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Amber D. Wilson, and respondent was represented by Justine E. Walters.

Theory of causation field:
Petitioner Susan Charbonneau alleged that an influenza vaccine administered on September 21, 2011, caused a shoulder injury, specifically SIRVA. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $80,000.00 in damages. Attorneys' fees and costs of $15,980.15 were also awarded via stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied the vaccine caused the injury. The case was resolved by stipulation, not by a finding of entitlement after litigation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00749-0
Date issued/filed: 2015-07-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/16/15) regarding 26 DECISION Stipulation/Proffer. Signed by Special Master Laura D Millman. (LJG) Copy to parties.
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Case 1:14-vv-00749-UNJ Document 30 Filed 07/07/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-749V
Filed: June 16, 2015
Not for Publication
*************************************
SUSAN CHARBONNEAU, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; shoulder injury
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Amber D. Wilson, Washington, DC, for petitioner.
Justine E. Walters, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On June 15, 2015, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that she suffered a shoulder injury
that was caused by her September 21, 2011 receipt of influenza (“flu”) vaccine. Respondent
denies that the flu vaccine caused petitioner’s shoulder injury, any other injury, or her current
condition. Nonetheless, the parties agreed to resolve this matter informally.
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 delete 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
delete such material from public access.

Case 1:14-vv-00749-UNJ Document 30 Filed 07/07/15 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$80,000.00, representing reimbursement for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check payable to petitioner in the
amount of $80,000.00.
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: June 16, 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

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Case 1:14-vv-00749-UNJ Document 30 Filed 07/07/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00749-1
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/29/2015) regarding 34 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:14-vv-00749-UNJ Document 37 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-749V
Filed: September 29, 2015
Not for Publication
*************************************
SUSAN CHARBONNEAU, *
*
Petitioner, *
*
* Attorneys’ fees and costs decision based on
v. * stipulation of fact
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Amber D. Wilson, Washington, DC, for petitioner.
Justine E. Walters, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On September 29, 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
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-00749-UNJ Document 37 Filed 10/20/15 Page 2 of 2
items in petitioner’s application. Based on these objections, petitioner amends her application for
attorneys’ fees and costs to $15,980.15. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $15,980.15,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Maglio, Christopher & Toale, PA in the amount of
$15,980.15.
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: September 29, 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