VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00858
Package ID: USCOURTS-cofc-1_14-vv-00858
Petitioner: Karen C. Bonner
Filed: 2014-12-19
Decided: 2015-10-20
Vaccine: influenza
Vaccination date: 2011-10-13
Condition: right shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 26985

AI-assisted case summary:
Karen C. Bonner filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2014, alleging she suffered a shoulder injury after receiving the Fluzone flu vaccine on October 13, 2011. The case was assigned to the Special Processing Unit. Respondent filed a status report on December 19, 2014, conceding that the preponderance of the medical evidence indicated that Ms. Bonner suffered a right shoulder injury related to vaccine administration (SIRVA), which was causally related to the flu vaccination she received on October 13, 2011. Based on respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell found Ms. Bonner entitled to compensation. Subsequently, on September 3, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs. They agreed upon an award of $26,985.18 for attorney's fees and costs. Petitioner's counsel represented that Ms. Bonner incurred no out-of-pocket expenses. Chief Special Master Nora Beth Dorsey awarded this amount as a lump sum, jointly payable to Ms. Bonner and her counsel, Temple W. Cabell of Cabell Law Firm, P.C. Respondent's counsel was Glenn MacLeod of the U.S. Dept. of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury beyond the general category of SIRVA.

Theory of causation field:
Petitioner Karen C. Bonner received the Fluzone flu vaccine on October 13, 2011. She alleged a right shoulder injury related to vaccine administration (SIRVA). Respondent Health and Human Services conceded that the preponderance of the medical evidence indicated that petitioner suffered a SIRVA causally related to the flu vaccination. The specific medical experts, mechanism of injury, onset, symptoms, diagnostic tests, or treatments are not described in the public decision. The case was resolved via concession and stipulation. Chief Special Master Denise Kathryn Vowell ruled on entitlement based on the concession. Chief Special Master Nora Beth Dorsey awarded $26,985.18 for attorney's fees and costs, jointly payable to petitioner and her counsel, Temple W. Cabell. Respondent's counsel was Glenn MacLeod. The theory of causation is based on the respondent's concession of a SIRVA, which falls under the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00858-0
Date issued/filed: 2015-01-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/19/2014) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00858-UNJ Document 15 Filed 01/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-858V
Filed: December 19, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KAREN C. BONNER, *
*
Petitioner, *
* Ruling on Entitlement; Concession;
v. * Special Processing Unit; Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA;
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Temple W. Cabell, Esq., Cabell Law Firm, P.C., Richmond, VA, for petitioner.
Glenn MacLeod, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On September 17, 2014, Karen C. Bonner 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 after
receiving the Fluzone [“flu”] vaccine on October 13, 2011. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On December 19, 2014, respondent filed a status report indicating she “agrees
that a preponderance of the medical evidence indicates that petitioner suffered a right
shoulder injury related to vaccine administration (“SIRVA”), which was causally related
to the flu vaccination she received on October 13, 2011.” Status Report at 1.
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-00858-UNJ Document 15 Filed 01/22/15 Page 2 of 2
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-00858-1
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/17/2015) regarding 34 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00858-UNJ Document 40 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-0858V
Filed: September 17, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
KAREN C. BONNER, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Temple W. Cabell, Esq., Cabell Law Firm, P.C., Richmond, VA, for petitioner.
Glenn MacLeod, Esq., U.S. Dept. of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On September 17, 2014, Karen C. Bonner 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 after
receiving the Fluzone [“flu”] vaccine on October 13, 2011. Petition at 1. On June 17,
2015, a decision was issued awarding compensation to petitioner based on
respondent’s proffer to which petitioner agreed.
On September 3, 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-00858-UNJ Document 40 Filed 10/20/15 Page 2 of 2
award of $26,985.18 for attorney’s fees and costs. In accordance with General Order
#9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses in
this case. Stipulation, ¶ 4.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). The proposed amount is reasonable.
Accordingly, I award the total of $26,985.183 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Temple W. Cabell.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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).
2