VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00834
Package ID: USCOURTS-cofc-1_14-vv-00834
Petitioner: Patricia Beltran
Filed: 2014-09-08
Decided: 2015-09-23
Vaccine: Influenza (Flu)
Vaccination date: 2013-11-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52500

AI-assisted case summary:
Patricia Beltran filed a petition on September 8, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the Influenza (Flu) vaccine on November 23, 2013. She further alleged that she suffered residual effects for more than six months. Respondent denied that the flu vaccine caused her alleged SIRVA injury or any other injury. Nevertheless, the parties reached a stipulation for damages. On July 28, 2015, they filed a joint stipulation for damages, which the court adopted. Patricia Beltran was awarded a lump sum of $52,500.00 as compensation for all items of damages. Subsequently, on September 2, 2015, the parties filed a stipulation regarding attorneys' fees and costs. They agreed to a total award of $15,250.00 for attorneys' fees and costs, jointly payable to Patricia Beltran and her attorney. The court approved this request and ordered judgment entered in accordance with the stipulation. The final decision date was September 23, 2015.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00834-0
Date issued/filed: 2015-08-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/28/2015) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00834-UNJ Document 30 Filed 08/18/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-834V
Filed: July 28, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
PATRICIA BELTRAN, *
*
Petitioner, * Special Master Dorsey
*
v. *
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * Influenza (Flu) Vaccine;
* Shoulder Injury Related to
Respondent. * Vaccine Administration (SIRVA)
*
* * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION1
On September 8, 2014, Patricia Beltran (“petitioner”), filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that as a result of receiving the Influenza (Flu) vaccine on November 23, 2013,
she suffered a shoulder injury. Petition at 1. Petitioner further alleged that she suffered the
residual effects or complications of her vaccine injury for more than six months. Id. On July 28,
2015, the parties filed a stipulation, stating that a decision should be entered awarding
compensation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00834-UNJ Document 30 Filed 08/18/15 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA injury or any
other injury and further denies that her current disabilities are a sequela of a vaccine-related
injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.
The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $52,500.00, in the form of a check payable to petitioner. This amount
represent compensation for all items of damages that would be available under 42 U.S.C.
§ 300-aa-15(a), except as set forth in paragraph 8.b. of the stipulation;
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00834-1
Date issued/filed: 2015-09-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/02/2015) regarding 33 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:14-vv-00834-UNJ Document 36 Filed 09/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 2, 2015
* * * * * * * * * * * * * * UNPUBLISHED
PATRICIA BELTRAN, * No. 14-0834v
*
Petitioner, * Chief Special Master Dorsey
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Michael Patrick Milmoe, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On September 8, 2014, Patricia Beltran (“petitioner”), filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006).
Petitioner alleged that as a result of receiving the Influenza (Flu) vaccine on November 23, 2013,
she suffered a shoulder injury. Petition at 1. On February 10, 2015, the undersigned entered a
decision awarding compensation to petitioner based on a stipulation filed by the parties.
On September 2, 2015, the parties filed a Stipulation of Facts Regarding Final Attorney’s
Fees and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by Vaccine Rule 18(b), each party has 14 days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b). Otherwise, the entire decision will be available to the
public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00834-UNJ Document 36 Filed 09/23/15 Page 2 of 2
attorneys’ fees and costs in the amount of $15,250.00. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not advance any reimbursable costs in pursuit of this
claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Muller
Brazil, LLP, in the amount of $15,250.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2