VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00833
Package ID: USCOURTS-cofc-1_14-vv-00833
Petitioner: Patricia Jacobs
Filed: 2015-03-27
Decided: 2015-04-20
Vaccine: Tdap
Vaccination date: 2013-06-13
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 74000

AI-assisted case summary:
Patricia Jacobs filed a petition for compensation under the National Vaccine Injury Compensation Program on September 8, 2014. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) from a tetanus vaccine received on June 13, 2013, and an influenza vaccine received on November 5, 2013. Ms. Jacobs stated that she received these vaccines in the United States and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused her alleged injury. The parties subsequently reached a settlement. On March 26, 2015, they filed a joint stipulation agreeing to settle the case. As part of the stipulation, the respondent agreed to pay petitioner a lump sum of $60,000.00 for all damages. Chief Special Master Denise Kathryn Vowell adopted the stipulation and awarded this amount. Later, on March 31, 2015, the parties filed a stipulation regarding attorneys' fees and costs. They agreed to an award of $14,000.00 for attorneys' fees and costs, with petitioner's counsel representing that Ms. Jacobs incurred no out-of-pocket expenses. Chief Special Master Vowell found this amount reasonable and awarded it as a lump sum payable jointly to Ms. Jacobs and her counsel, Maximillian J. Muller of Muller Brazil, LLP. The total compensation awarded to Patricia Jacobs was $74,000.00. Maximillian J. Muller represented the petitioner, and Alexis Babcock represented the respondent. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury is also not detailed in the public decision.

Theory of causation field:
Patricia Jacobs filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following a tetanus vaccine on June 13, 2013, and an influenza vaccine on November 5, 2013. The respondent denied causation. The parties stipulated to a settlement, and the case was resolved under the Program's "Table" theory, as indicated by the SIRVA condition category. The public decision does not name specific medical experts or detail the mechanism of injury beyond the general category of SIRVA. The settlement included a $60,000.00 award for damages and an additional $14,000.00 for attorneys' fees and costs, for a total award of $74,000.00. The decision was made by Chief Special Master Denise Kathryn Vowell on April 20, 2015, with the attorneys' fees decision issued on April 24, 2015. Petitioner was represented by Maximillian Muller, and respondent by Alexis Babcock.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00833-0
Date issued/filed: 2015-04-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/27/2015) regarding 15 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell. )(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00833-UNJ Document 22 Filed 04/20/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-833V
Filed: March 27, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA JACOBS, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (Flu) Vaccine;
* Tetanus-Diphtheria (Td) Vaccine;
SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, * Administration; SIRVA; Special
* Processing Unit
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Alexis Babcock, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On September 8, 2014, Patricia Jacobs 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
resulting from the tetanus vaccine she received on June 13, 2013 and the influenza
vaccine she received on November 5, 2013. Petition at 1; Stipulation, filed Mar. 26,
2015, ¶¶ 1-2, 4. Petitioner further alleges that she received these vaccines in the
United States, experienced the residual effects of the shoulder injury for more than six
months, has filed no other action for this injury, and has received no prior award or
settlement. Petition, ¶¶ 2, 11-13; Stipulation, ¶¶ 3-5. Respondent denies that these
vaccines caused petitioner’s shoulder injury or any other 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-00833-UNJ Document 22 Filed 04/20/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
March 26, 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 $60,000.00 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--0000883333--UUNNJJ DDooccuummeenntt 1242 FFiilleedd 0034//2260//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000883333--UUNNJJ DDooccuummeenntt 1242 FFiilleedd 0034//2260//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000883333--UUNNJJ DDooccuummeenntt 1242 FFiilleedd 0034//2260//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000883333--UUNNJJ DDooccuummeenntt 1242 FFiilleedd 0034//2260//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000883333--UUNNJJ DDooccuummeenntt 1242 FFiilleedd 0034//2260//1155 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00833-1
Date issued/filed: 2015-04-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/31/2015) regarding 19 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00833-UNJ Document 23 Filed 04/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-833V
Filed: March 31, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA JACOBS, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Alexis Babcock, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On September 8, 2014, Patricia Jacobs 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
resulting from the tetanus vaccine she received on June 13, 2013 and the influenza
vaccine she received on November 5, 2013. On March 27, 2015, I issued a decision
awarding compensation to petitioner based on the parties’ stipulation.
On March 31, 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-00833-UNJ Document 23 Filed 04/24/15 Page 2 of 2
award of $14,000.00 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 $14,000.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Maximillian J. 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