VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00892
Package ID: USCOURTS-cofc-1_14-vv-00892
Petitioner: William Gable
Filed: 2014-09-22
Decided: 2015-03-18
Vaccine: influenza
Vaccination date: 2013-10-18
Condition: Shoulder Injury Related to Vaccine Administration
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
William Gable filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination on October 18, 2013, caused him to suffer a shoulder injury. The case was assigned to the Special Processing Unit. The respondent conceded that Mr. Gable suffered a non-Table injury of Shoulder Injury Related to Vaccine Administration (SIRVA) and that the injury was causally related to the vaccination. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Mr. Gable entitled to compensation. Subsequently, the parties filed a proffer on damages, agreeing to a lump sum payment of $80,000.00 for all elements of compensation. The court awarded this amount. Later, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to a total award of $15,504.21. This amount was awarded as a lump sum, jointly payable to Mr. Gable and his attorneys.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00892-0
Date issued/filed: 2015-02-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/04/2015) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00892-UNJ Document 25 Filed 02/26/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-892V
Filed: February 4, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
WILLIAM GABLE, *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine (“flu”);
v. * Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On September 22, 2014, William Gable 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 as a result of a influenza (“flu”)
vaccination on October 18, 2013, petitioner suffered a shoulder injury. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 3, 2015, 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 4. Specifically, respondent submits that “Mr. Gable suffered a
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, § 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-00892-UNJ Document 25 Filed 02/26/15 Page 2 of 2
non-Table injury of Shoulder Injury Related to Vaccine Administration and that the
preponderance of the medical evidence indicates that the injury was causally related to
the vaccination.” Id.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00892-1
Date issued/filed: 2015-03-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/09/2015) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00892-UNJ Document 27 Filed 03/03/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-892V
Filed: February 9, 2015
* * * * * * * * * * * * * * * * * * * * * * * * *
WILLIAM GABLE *
*
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine; Shoulder Injury
v. * Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
* (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Esq., Muller Brazil, LLP, for petitioner.
Alexis B. Babcock, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On September 22, 2014, William Gable 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 as a result of an influenza (“flu”)
vaccination on October 18, 2013, petitioner suffered a shoulder injury. Petition at 1. The
case was assigned to the Special Processing Unit (“SPU”) of the Office of Special
Masters.
On February 4, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On February 9, 2015, respondent filed a proffer on award of
compensation (“Proffer”) detailing compensation for all elements of compensation to
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, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with
Vaccine Rule 18(b), petitioners have 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-00892-UNJ Document 27 Filed 03/03/15 Page 2 of 4
which petitioner would be entitled under §15(a). According to respondent’s Proffer,
petitioner agrees to the proposed award of compensation.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $80,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available
under §15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
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 party filing a notice
renouncing the right to seek review.
2

Case 1:14-vv-00892-UNJ Document 27 Filed 03/03/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
WILLIAM GABLE, )
)
Petitioner, )
) No. 14-892
v. ) Chief Special Master Vowell
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$80,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees with this amount.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $80,000.00 in the form of a check payable to petitioner.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
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, future lost earnings, and future pain and suffering.
1

Case 1:14-vv-00892-UNJ Document 27 Filed 03/03/15 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-7678
Dated: February 9, 2015
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-00892-2
Date issued/filed: 2015-03-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/18/2015) regarding 23 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00892-UNJ Document 28 Filed 03/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-892V
Filed: February 23, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
WILLIAM GABLE, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation;
SECRETARY OF HEALTH AND * Special Processing Unit [“SPU”]
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian 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 22, 2014, William Gable filed a petition for compensation under
the National Vaccine Injury Compensation Program,2 [the “Vaccine Act” or “Program”].
Petitioner alleged that as a result of an influenza [“flu”] vaccination on October 18, 2013,
petitioner suffered a shoulder injury. Petition at 1. The case was assigned to the
Special Processing Unit [“SPU”] of the Office of Special Masters. On February 9, 2015,
I issued a decision awarding compensation to petitioner based on respondent’s Proffer.
On February 23, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon a total
award of attorneys’ fees and costs to petitioner in the amount of $15,504.21. In
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 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq.
(2006).

Case 1:14-vv-00892-UNJ Document 28 Filed 03/18/15 Page 2 of 2
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 $15,504.213 as a lump sum in the form of a
check jointly payable to petitioner and Muller Brazil, LLP.
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).