VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00862
Package ID: USCOURTS-cofc-1_14-vv-00862
Petitioner: Russell Baker
Filed: 2014-12-29
Decided: 2015-03-06
Vaccine: influenza
Vaccination date: 2013-11-03
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Russell Baker filed a petition on September 17, 2014, alleging that he suffered a left shoulder injury as a result of an influenza vaccination administered on November 3, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on December 24, 2014, conceding entitlement to compensation. The respondent stated that the temporal association between the flu vaccination and the onset of Mr. Baker's left shoulder pain was medically appropriate, and there was no other identifiable alternate cause for his symptoms, thus satisfying the causation-in-fact requirement under the National Vaccine Injury Compensation Program. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on December 29, 2014, finding Mr. Baker entitled to compensation based on the respondent's concession and the evidence. Subsequently, on February 3, 2015, the parties filed a stipulation for damages and attorneys' fees. The stipulation detailed a proposed award of $80,000.00 for actual and projected pain and suffering, and $15,000.00 for attorneys' fees and costs, to which Mr. Baker agreed. The proffer noted that Mr. Baker was retired at the time of vaccination and therefore would not receive an award for lost future earnings. It also stated that no award would be made for future unreimbursable expenses, past unreimbursable expenses, or for any outstanding Medicaid lien. Chief Special Master Vowell issued a decision on March 6, 2015, awarding Mr. Baker a total of $95,000.00. This award consisted of a lump sum payment of $80,000.00 payable to Mr. Baker for pain and suffering, and a lump sum payment of $15,000.00 payable jointly to Mr. Baker and his counsel, Paul Brazil, for attorneys' fees and costs. The decision noted that Mr. Baker did not incur out-of-pocket litigation expenses.

Theory of causation field:
Petitioner Russell Baker alleged a left shoulder injury resulting from an influenza vaccination on November 3, 2013. The respondent conceded entitlement, finding the temporal association between the vaccination and the onset of shoulder pain medically appropriate with no other identifiable alternate cause, satisfying causation-in-fact. The case was decided based on this concession, without detailed discussion of medical experts or specific injury mechanisms in the provided text. The outcome was compensated. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on December 29, 2014, and a damages decision on March 6, 2015. The award totaled $95,000.00, comprising $80,000.00 for pain and suffering and $15,000.00 for attorneys' fees and costs, paid to petitioner and his counsel, Paul Brazil. The injury was classified as SIRVA (Shoulder Injury Related to Vaccine Administration), and the theory of causation was noted as 'Off-Table' in the provided database fields, though not explicitly detailed as such in the court documents.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00862-0
Date issued/filed: 2015-01-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/16/2014) regarding 12 Findings of Fact & Conclusions of Law (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00862-UNJ Document 17 Filed 01/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-862V
Filed: December 16, 2014
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RUSSELL BAKER, *
*
Petitioner, * Findings of fact; Proof of Vaccination
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Justine Daigneault, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.
1
ORDER and RULING ON FACTS
Vowell, Special Master:
On September 17, 2014, Russell Baker [“petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq, [the “Vaccine Act” or “Program”]. Petitioner alleges he suffered pain
and reduced range of motion in his shoulder and arm following the administration of an
influenza vaccine on November 3, 2013. (See Petition at 1-2.) The case was assigned
to the Special Processing Unit of the Office of Special Masters.
I. Procedural History.
A telephonic status conference was held on October 14, 2014. Paul Brazil
appeared on behalf of petitioner, and Justine Daigneault appeared on behalf of
respondent. (See Order, issued Oct. 14, 2014 (“ECF No. 8”), at 1.) Daniel Horner
appeared on my behalf as the OSM staff attorney managing this case. During the call,
respondent’s counsel requested further proof of vaccination indicating in which arm
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). 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.

Case 1:14-vv-00862-UNJ Document 17 Filed 01/22/15 Page 2 of 2
petitioner received the implicated vaccination. (Id.) Petitioner had submitted an invoice
from Sweetbay Supermarket pharmacy demonstrating that the influenza vaccine had
been administered on November 3, 2013. (See Ex. 1.) It did not, however, indicate an
injection site. (Id.) Petitioner’s counsel indicated that he did not believe further
vaccination records were available, but agreed to take 30 days to investigate whether
the record of the case could be supplemented. (See ECF No. 8, at 1.)
On November 13, 2014, petitioner’s counsel filed a statement of completion
indicating that all available records had been filed. (See ECF No. 10.) Petitioner also
filed an affidavit swearing that his November 3, 2013 vaccination was administered in
his left arm. (See Ex. 4.) On December 15, 2014, respondent filed a status report
requesting “a ruling as to whether the evidence is sufficient to establish that petitioner
received an influenza vaccine in his left arm on November 3, 2013.” (See ECF No. 11,
at 1.)
II. Factual Finding.
The immunization record from the Sweetbay Supermarket pharmacy is sufficient
proof of vaccination. (See Ex. 1.) Additionally, petitioner filed an affidavit indicating he
received an influenza vaccination at the Sweetbay Supermarket in his left shoulder on
November 3, 2013. (See Ex. 4, filed November 13, 2014.) In that affidavit, petitioner
avers that he recalls that the vaccine was administered in his left arm, because he is
right handed and requested that the vaccine not be given in his dominant arm. (Id.)
Moreover, in the medical records filed, petitioner consistently describes an influenza
vaccination administered in his left shoulder. (See, e.g., Ex. 2, pp. 3-4.) Specifically,
petitioner reported to his doctor on November 15, 2013, that he was experiencing pain
from an influenza vaccine in his left shoulder he had received two weeks prior. (See Ex.
2, p. 4.) In addition, during a follow up exam on December 4, 2013, petitioner’s doctor
further noted that petitioner’s physical examination revealed no pain “to the touch of
area around flu shot site” and again noted that petitioner reported immediate pain in the
left shoulder when the influenza vaccination was administered. (See Ex. 2, p. 3.)
In the absence of evidence to the contrary, I find that petitioner received an
influenza vaccine in his left shoulder on November 3, 2013.
III. Order.
Respondent shall file her Rule 4(c) report, or a status report indicating her
position on the merits of this case, by no later than Monday, December 29, 2014.
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00862-1
Date issued/filed: 2015-01-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/29/2014) regarding 15 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00862-UNJ Document 18 Filed 01/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-862V
Filed: December 29, 2014
* * * * * * * * * * * * * * * * * * * * * * * * *
RUSSELL BAKER, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Cause-in-fact; Influenza (flu); Shoulder
v. * Injury Related to Vaccine Administration
* (SIRVA)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
1
RULING ON ENTITLEMENT
Vowell, Special Master:
On September 17, 2014, Russell Baker 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”]. The petition alleges that Mr. Baker suffered a left shoulder
injury as a result of the administration of an influenza (flu) vaccination on November 3,
2013. Petition at pp. 1-2.
On December 24, 2014, respondent filed her Rule 4(c) Report [“Respondent’s
Report”], in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at p. 2. Specifically, respondent submits that “the temporal
association between the administration of petitioner’s November 3, 2013, flu vaccine
and the onset of his left shoulder pain is medically appropriate, and there is no other
identifiable alternate cause for petitioner’s onset of symptoms and injury. Thus,
causation-in-fact is supported by the record and petitioner has satisfied the legal
prerequisites for compensation under the Vaccine Act.” Id. at p. 3.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post this ruling and order 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 delete 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
delete 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-00862-UNJ Document 18 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

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-00862-2
Date issued/filed: 2015-03-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/03/2015) regarding 21 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer,, ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00862-UNJ Document 25 Filed 03/06/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-862V
Filed: February 3, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RUSSELL BAKER, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (flu); Cause-in-fact;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; Special Processing Unit;
AND HUMAN SERVICES, * Attorneys’ Fees and Costs Decision
* Based on Proffer
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Justine Walters, Esq., US Department of Justice, Washington, DC, for respondent.
1
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS
Vowell, Chief Special Master:
On September 17, 2014, Russell Baker filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., [the
“Vaccine Act” or “Program”]. Petitioner alleged that he suffered a left shoulder injury as
a result of the administration of an influenza (flu) vaccination on November 3, 2013.
Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 24, 2014, respondent filed her Rule 4(c) report [“Res. Report”], in
which she conceded that petitioner is entitled to compensation in this case. Res. Report
at 2. Specifically, respondent indicated that the temporal association between the
administration of the vaccination and petitioner’s shoulder pain is medically appropriate
and there is no other identifiable alternate cause for petitioner’s symptoms. Id at 3.
Respondent indicated that cause-in-fact is supported by the record and that petitioner
has satisfied all the prerequisites for compensation under the Vaccine Act. Id.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, it will be
posted 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.

Case 1:14-vv-00862-UNJ Document 25 Filed 03/06/15 Page 2 of 5
On December 29, 2014, I issued a ruling on entitlement, finding petitioner entitled
to compensation. On February 3, 2015, respondent filed a proffer on award of
compensation [“Proffer”] detailing compensation in the amount of $80,000.00 for actual
and projected pain and suffering. Proffer at 2. Respondent averred that petitioner
agreed to the amount set forth therein. 2 Id. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
The proffer also included an award of attorneys’ fees and costs in the amount of
$15,000.00 to which petitioner agreed. Id. In accordance with General Order #9,
petitioner’s counsel asserts that petitioner incurred no out-of-pocket litigation expenses.
Id. The Vaccine Act permits an award of reasonable fees and costs. 42 U.S.C. § 300
aa-15(e). I find the proposed total amount of $15,000.00 to be reasonable.
Pursuant to the terms stated in the attached Proffer, I award petitioner a
payment of $95,000.00 as follows:
a. a lump sum payment of $80,000.00 in the form of a check payable solely to
petitioner, Russell Baker;
b. a lump sum payment of $15,000.00 in the form of a check payable jointly to
petitioner, Russell Baker and petitioner’s counsel, Paul Brazil.
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
2 The proffer indicates that the parties have agreed that no award should be made for future
unreimbursable expenses, lost future earnings, or past unreimbursable expenses. Proffer at 2-3. The
proffer also indicates that there is no outstanding Medicaid lien against petitioner. Proffer at 3.
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.

CCaassee 11::1144--vvvv--0000886622--UUNNJJ DDooccuummeenntt 2205 FFiilleedd 0023//0036//1155 PPaaggee 13 ooff 35
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RUSSELL BAKER, )
)
Petitioner, )
) No. 14-862V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on December 24, 2014.
A. Future Unreimbursable Expenses
The parties agree that based upon the evidence of record, petitioner will not require future
care for his vaccine-related injury. Therefore, respondent proffers that petitioner should be
awarded no future unreimbursable expenses under 42 U.S.C. § 300aa-15(a)(1).
Petitioner agrees.
B. Lost Future Earnings
The parties agree that based upon the evidence of record, petitioner was retired at the
time of vaccination. Therefore, respondent proffers that petitioner should be awarded no
anticipated loss of earnings under 42 U.S.C. § 300aa-15(a)(3)(B). Petitioner agrees.

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C. Pain and Suffering
Respondent proffers that petitioner should be awarded $80,000.00 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
D. Past Unreimbursable Expenses
Petitioner did not provide evidence that he incurred unreimbursable expenses related to
his vaccine-related injury. Therefore, respondent proffers that petitioner should be awarded no
past unreimbursable expenses. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens against him.
F. Attorneys’ Fees and Costs
Petitioner has supplied documentation of reasonable attorneys’ fees and litigation costs in
the amount of $15,000.00, incurred in pursuit of this petition. In compliance with General Order
#9, petitioner has indicated that he did not incur any out-of-pocket expenses in proceeding on the
petition. Respondent proffers that petitioner should be awarded $15,000.00 for attorneys’ fees
and costs. Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
lump sum payments as described below and request that the Chief Special Master’s decision and
the Court’s judgment award the following:1
1 Should petitioner die prior to 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 and future pain and suffering.
-2-

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A. A lump sum payment of $80,000.00, representing compensation for pain and
suffering, in the form of a check payable to petitioner; and
B. A lump sum payment of $15,000.00, in the form of a check payable to petitioner and
petitioner’s attorney, Paul Brazil, Esq., for attorney’s fees and costs. Petitioner agrees to endorse
this payment to petitioner’s attorney.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner: $80,000.00
B. Reasonable Attorneys’ Fees and Costs: $15,000.00
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/ Justine Walters
JUSTINE WALTERS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 307-6393
Dated: February 3, 2015
-3-