VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00773
Package ID: USCOURTS-cofc-1_14-vv-00773
Petitioner: Genice Jarman
Filed: 2014-08-25
Decided: 2015-06-04
Vaccine: Tdap
Vaccination date: 2011-10-28
Condition: shoulder injury to include rotator cuff tendonitis and adhesive capsulitis
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Genice Jarman filed a petition for compensation under the National Vaccine Injury Compensation Program on August 25, 2014, alleging that she suffered a shoulder injury, including rotator cuff tendonitis and adhesive capsulitis, resulting from a Tdap vaccine received on October 28, 2011. The respondent denied that the Tdap vaccine caused the petitioner's left shoulder injuries or any other injury, and further denied that the petitioner's current disabilities, including brachial plexopathy, were sequelae of a vaccine-related injury. The parties reached a settlement, and on March 23, 2015, Chief Special Master Denise Kathryn Vowell issued a decision awarding Genice Jarman $180,000.00 as compensation for all damages. This amount was to be paid as a lump sum in the form of a check payable to the petitioner. Subsequently, on May 14, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Chief Special Master Vowell issued a decision on this stipulation, awarding $26,187.23 in attorneys' fees and costs, jointly payable to the petitioner and her counsel, Alison Haskins of Maglio Christopher & Toale, PA. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Alison Haskins, Esq., and respondent was represented by Lisa Watts, Esq.

Theory of causation field:
Petitioner Genice Jarman alleged that a Tdap vaccine received on October 28, 2011, caused a shoulder injury, including rotator cuff tendonitis and adhesive capsulitis. Respondent denied causation. The parties reached a settlement, and compensation was awarded. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The settlement included a lump sum award of $180,000.00 for all damages. Attorneys' fees and costs were awarded separately in the amount of $26,187.23, jointly payable to the petitioner and her counsel, Alison Haskins. The decision was issued by Chief Special Master Denise Kathryn Vowell on March 23, 2015, with a subsequent decision on fees dated May 14, 2015. Petitioner was represented by Alison Haskins, Esq., and respondent by Lisa Watts, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00773-0
Date issued/filed: 2015-04-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/23/2015) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00773-UNJ Document 28 Filed 04/15/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-773V
Filed: March 23, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GENICE JARMAN, *
*
Petitioner, * Joint Stipulation on Damages;
* Tetanus-Diphtheria-acellular Pertussis
* (Tdap) Vaccine; Shoulder Injury Related
SECRETARY OF HEALTH * to Vaccine Administration (SIRVA);
AND HUMAN SERVICES, * Special Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Esq., Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Lisa Watts, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On August 25, 2014, Genice Jarman 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 alleges that she suffered a shoulder injury to
include rotator cuff tendonitis and adhesive capsulitis resulting from the tetanus-
diphtheria-acellular pertussis [“Tdap”] vaccine she received on October 28, 2011.
Petition at 1-2; Stipulation, filed Mar. 23, 2015, ¶ 4. Petitioner further alleges that she
experienced the residual effects of her injury for more than six months, has filed no
other action for this injury, and has received no prior award or settlement. Petition at 2-
3; Stipulation¶¶ 4-5. “Respondent denies that the Tdap vaccine caused petitioner’s left
shoulder injuries, or any other injury, and further denies that petitioner’s current
disabilities including brachial plexopathy, are sequelae of a vaccine-related injury.”
Stipulation, ¶ 6.
1 Because this unpublished decision 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-00773-UNJ Document 28 Filed 04/15/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
March 23, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $180,000.00 in the form of a
check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in
accordance with this decision.3
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 filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

CCaassee 11::1144--vvvv--0000777733--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//2135//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000777733--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//2135//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000777733--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//2135//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000777733--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//2135//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000777733--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0034//2135//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00773-1
Date issued/filed: 2015-06-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/14/2015) regarding 30 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00773-UNJ Document 33 Filed 06/04/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-773V
Filed: May 14, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
GENICE JARMAN, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Esq., Maglio Christopher and Toale, PA, (FL) Sarasota, FL, for
petitioner.
Lisa Watts, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On August 25, 2014, Genice Jarman 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 to
include rotator cuff tendonitis and adhesive capsulitis resulting from the tetanus-
diphtheria-acellular pertussis [“Tdap”] vaccine she received on October 28, 2011.
Petition at 1-2; Stipulation, filed Mar. 23, 2015, ¶ 4. On March 23, 2015, I issued a
decision awarding compensation to petitioner based on the parties’ stipulation.
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 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-00773-UNJ Document 33 Filed 06/04/15 Page 2 of 2
On May 14, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $26,187.23 in attorneys’ fees and costs. In accordance with General Order
#9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses.3
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 $26,187.234 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Alison Haskins.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Petitioner also indicates she will be filing a statement to that effect. Because the representation by
petitioner’s counsel contained in the stipulation is sufficient, I am issuing this decision prior to petitioner’s
statement. Petitioner still may file her statement but is not required to do so.
4 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).
5 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