VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00795
Package ID: USCOURTS-cofc-1_14-vv-00795
Petitioner: Linda Heeg
Filed: 2014-08-29
Decided: 2015-07-27
Vaccine: influenza
Vaccination date: 2013-09-23
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 148287

AI-assisted case summary:
Linda Heeg filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on September 23, 2013. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and caused by the vaccine, and that the injury lasted for more than six months. Based on this concession, the court issued a ruling on entitlement. Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $130,000.00, representing all elements of compensation. The court awarded this lump sum payment. Following the damages award, the parties also stipulated to attorneys' fees and costs in the amount of $18,287.42, which the court found reasonable and awarded as a lump sum jointly payable to Ms. Heeg and her counsel. The total compensation awarded was $148,287.42.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00795-0
Date issued/filed: 2015-06-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/14/2015) regarding 30 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00795-UNJ Document 33 Filed 06/04/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-795V
Filed: May 14, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LINDA HEEG, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza or Flu Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Camille Collett, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On August 29, 2014, Linda Heeg 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 which
was caused by the influenza vaccine she received on September 23, 2013. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On May 14, 2015, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 7. Specifically, respondent “believes that the alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”) and it was caused in fact by
the influenza vaccine she received on September 23, 2013.” Id. Furthermore,
1 Because this unpublished ruling 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-00795-UNJ Document 33 Filed 06/04/15 Page 2 of 2
respondent did not identify another cause for petitioner’s injury and agrees that
petitioner’s injury lasted for more than six months. Id.
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-00795-1
Date issued/filed: 2015-07-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 6/24/2015) regarding 36 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00795-UNJ Document 43 Filed 07/27/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-795V
Filed: June 24, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LINDA HEEG, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza or Flu Vaccine;
* Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration [“SIRVA”];
AND HUMAN SERVICES, * Special Processing Unit [“SPU”]
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Camille Collett, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On August 29, 2014, Linda Heeg 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 which
was caused by the influenza vaccine she received on September 23, 2013. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On May 14, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for her shoulder injury related to vaccine administration [“SIRVA”]. On
June 23, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating petitioner should be awarded $130,000.00 which “represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).”
Proffer at 1.
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-00795-UNJ Document 43 Filed 07/27/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $130,000.00 in the form of a check payable to petitioner, Linda
Heeg. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
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 party filing a notice
renouncing the right to seek review.
2

CCaassee 11::1144--vvvv--0000779955--UUNNJJ DDooccuummeenntt 3443 FFiilleedd 0067//2237//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LINDA HEEG,
Petitioner,
v. No. 14-795V
Chief Special Master Denise Vowell
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 14, 2015, respondent filed her Rule 4(c) Report, in which she conceded
entitlement. On May 14, 2015, the Court issued a Ruling on Entitlement, finding that petitioner
is entitled to compensation. Respondent now proffers that petitioner receive an award of a lump
sum of $130,000.00 in the form of a check payable to petitioner. This amount represents
compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which
petitioner is entitled.1 This proffer does not address final attorneys’ fees and litigation costs.
Petitioner is additionally entitled to reasonable attorneys’ fees and litigation costs, to be
determined at a later date upon petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $130,000.00.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering.

CCaassee 11::1144--vvvv--0000779955--UUNNJJ DDooccuummeenntt 3443 FFiilleedd 0067//2237//1155 PPaaggee 24 ooff 24
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: June 23, 2015
2

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00795-2
Date issued/filed: 2015-07-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/25/2015) regarding 38 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00795-UNJ Document 44 Filed 07/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-795V
Filed: June 25, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
LINDA HEEG, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Camille Collett, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On August 29, 2014, Linda Heeg 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 which
was caused by the influenza vaccine she received on September 23, 2013. Petition at
1. On June 24, 2015, I issued a decision awarding compensation to petitioner based on
respondent’s proffer.
On June 25, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
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-00795-UNJ Document 44 Filed 07/27/15 Page 2 of 2
award of $18,287.42 in attorneys’ fees and costs. In 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 $18,287.423 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Maximillian Muller.
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