VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00788
Package ID: USCOURTS-cofc-1_14-vv-00788
Petitioner: Cheryl Simmons
Filed: 2014-08-29
Decided: 2015-05-15
Vaccine: influenza
Vaccination date: 2011-09-22
Condition: shoulder injury
Outcome: compensated
Award amount USD: 64750

AI-assisted case summary:
On August 29, 2014, Cheryl Simmons filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 22, 2011, caused her to suffer a shoulder injury. She further alleged that she experienced residual effects of the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's shoulder injury or any other injury or current condition. Despite the denial, the parties reached a stipulation to settle the case. The settlement terms included a lump sum of $50,000.00 payable to petitioner for all damages, and a lump sum of $14,750.00 payable to petitioner and her attorney, Paul R. Brazil, for all legal expenses and costs. The total award amounted to $64,750.00. Chief Special Master Denise Kathryn Vowell adopted the parties' stipulation and awarded the compensation. The decision was issued on May 15, 2015. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury or expert testimony regarding causation was not detailed in the public decision, as the case was resolved by stipulation.

Theory of causation field:
Petitioner Cheryl Simmons alleged that an influenza vaccine administered on September 22, 2011, caused a shoulder injury with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to settle the case, resulting in an award of $50,000.00 for damages and $14,750.00 for attorneys' fees and costs, totaling $64,750.00. The case was resolved via stipulation, and the public decision does not detail the specific theory of causation, medical evidence, expert testimony, or the mechanism of injury, indicating it was an "Off-Table" claim settled without full litigation. The decision was issued by Chief Special Master Denise Kathryn Vowell on May 15, 2015, based on a petition filed August 29, 2014. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00788-0
Date issued/filed: 2015-05-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/24/2015) regarding 20 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer,, (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00788-UNJ Document 26 Filed 05/15/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-788V
Filed: April 24, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL SIMMONS, *
*
Petitioner, * Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury; Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Lara Ann Englund, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION AWARDING DAMAGES AND ATTORNEYS’ FEES
AND COSTS1
Vowell, Chief Special Master:
On August 29, 2014, Cheryl Simmons 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 that
was caused-in-fact by her influenza [“flu”] vaccination administered on September 22,
2011. Stipulation, filed April 23, 2015, ¶¶ 2, 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. Stipulation¶¶
4-5. Respondent denies that petitioner’s flu vaccine caused petitioner’s shoulder injury,
or any other injury or her current condition. Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I will 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-00788-UNJ Document 26 Filed 05/15/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
April 23, 2015, the parties filed a stipulation agreeing to settle this case and describing
the settlement terms.
The Stipulation also includes an award of attorneys’ fees and costs. Stipulation,
¶ 8(b). In accordance with General Order #9, petitioner’s counsel asserts that
petitioner incurred no out-of-pocket expenses. Id.
Respondent agrees to pay petitioner as follows:
a. lump sum of $50,000.00 in the form of a check payable to petitioner. Stipulation,
¶ 8(a). This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a). Id.
b. lump sum of $14,750.00 in the form of a check payable to petitioner and
petitioner’s attorney, Paul R. Brazil. Stipulation, ¶ 8(b). This amount represents
compensation for all legal expenses that would be available under 42 U.S.C. §
300aa-15(e). 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

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