VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00796
Package ID: USCOURTS-cofc-1_14-vv-00796
Petitioner: Jacqueline Freeman
Filed: 2015-04-29
Decided: 2015-05-20
Vaccine: influenza
Vaccination date: 2013-09-27
Condition: shoulder injury
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Jacqueline Freeman filed a petition on April 29, 2015, alleging that she suffered a shoulder injury as a result of receiving an influenza vaccine on September 27, 2013. She further alleged that the residual effects of this condition lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged shoulder injury or any other injury. The parties reached a stipulation to resolve the matter informally. Special Master Laura D. Millman adopted the stipulation, awarding Jacqueline Freeman $110,000.00 in compensation for all damages. This award was to be paid via a check made out to Jacqueline Freeman. Separately, on May 7, 2015, the parties filed a stipulation regarding attorneys' fees and costs. The petitioner asserted that she incurred no costs. After informal discussions where the respondent raised objections to certain items in the petitioner's initial application, the petitioner amended her application to $16,484.53. The respondent did not object to this revised amount. Special Master Millman found the amount reasonable and awarded $16,484.53 for attorneys' fees and costs, payable by check jointly to Jacqueline Freeman and her attorneys, Muller Brazil, LLP. The decision noted that it was unpublished but intended for posting on the court's website, with provisions for redacting sensitive information.

Theory of causation field:
Petitioner Jacqueline Freeman alleged a shoulder injury resulting from an influenza vaccine administered on September 27, 2013, with residual effects lasting over six months. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The Special Master adopted the stipulation, awarding $110,000.00 for damages and $16,484.53 for attorneys' fees and costs. Special Master Laura D. Millman issued the decision on May 20, 2015, for damages and May 28, 2015, for fees and costs. Petitioner was represented by Maximillian J. Muller, and respondent by Camille M. Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00796-0
Date issued/filed: 2015-05-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/29/2015) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00796-UNJ Document 30 Filed 05/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-796V
Filed: April 29, 2015
Not for Publication
*************************************
JACQUELINE FREEMAN, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; shoulder injury
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Maximillian J. Muller, Philadelphia, PA, for petitioner.
Camille M. Collett, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On April 29, 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
due to her September 27, 2013 receipt of influenza (“flu”) vaccine. Petitioner further alleges that
she suffered the residual effects of this condition for more than six months. Respondent denies
that the flu vaccine caused petitioner’s alleged shoulder injury, or any other injury or 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-00796-UNJ Document 30 Filed 05/20/15 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
$110,000.00, 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 $110,000.00.
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: April 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

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Case 1:14-vv-00796-UNJ Document 30 Filed 05/20/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00796-1
Date issued/filed: 2015-05-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/07/2015) regarding 24 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00796-UNJ Document 31 Filed 05/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-796V
Filed: May 7, 2015
Not for Publication
*************************************
JACQUELINE FREEMAN, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Maximillian J. Muller, Philadelphia, PA, for petitioner.
Camille M. Collett, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On May 6, 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-00796-UNJ Document 31 Filed 05/28/15 Page 2 of 2
attorneys’ fees and costs to $16,484.53. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $16,484.53,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Muller Brazil, LLP in the amount of $16,484.53.
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: May 7, 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