VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00901
Package ID: USCOURTS-cofc-1_14-vv-00901
Petitioner: Diana Darken
Filed: 2014-09-24
Decided: 2015-04-24
Vaccine: influenza
Vaccination date: 2013-10-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Diana Darken filed a petition on September 24, 2014, alleging that her influenza vaccination on October 23, 2013, caused a shoulder injury related to vaccine administration (SIRVA). She further alleged that the residual effects of this injury lasted for more than six months. The respondent denied that the flu vaccine caused petitioner's SIRVA or any other injury. The parties reached a stipulation on damages, agreeing to settle the case. As part of the settlement, the respondent agreed to pay petitioner a lump sum of $95,000.00 as compensation for all damages. This decision was issued by Chief Special Master Denise Kathryn Vowell. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The public decision also does not name any medical experts for either party or detail the specific mechanism of injury. The case was processed under the Special Processing Unit (SPU). In a separate decision on attorney fees and costs, Chief Special Master Vowell awarded a total of $12,700.00. This award was structured as a lump sum check jointly payable to petitioner Diana Darken and her attorney, Andrew D. Downing and Hennelly & Steadman, PLC, in the amount of $2,100.00. An additional lump sum check was made payable to petitioner Diana Darken and her attorney, Andrew D. Downing, and Van Cott & Talamante, PLLC, in the amount of $10,600.00. Petitioner was represented by Andrew Downing, Esq., of Van Cott & Talamante, PLLC, and respondent was represented by Debra Begley, Esq., of the US Department of Justice.

Theory of causation field:
Petitioner Diana Darken alleged that her October 23, 2013, influenza vaccination caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent denied causation. The parties stipulated to an "off-Table" claim settlement. The public decision does not specify the medical mechanism of injury, name medical experts, or detail the evidence presented. The case was settled via stipulation, resulting in an award of $95,000.00 for all damages. Attorney fees and costs were awarded separately in the amount of $12,700.00, with portions jointly payable to the petitioner and her counsel, Andrew Downing of Van Cott & Talamante, PLLC, and Hennelly & Steadman, PLC. The decision was made by Chief Special Master Denise Kathryn Vowell on April 24, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00901-0
Date issued/filed: 2015-04-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/01/2015) regarding 17 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00901-UNJ Document 23 Filed 04/24/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-901V
Filed: April 1, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DIANA DARKEN, *
*
Petitioner, * Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Debra Begley, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION1
Vowell, Chief Special Master:
On September 24, 2014, Diana Darken 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
related to vaccine administration (“SIRVA”) that was caused-in-fact by her influenza
(“flu”) vaccination administered on October 23, 2013. Stipulation, filed Mar. 31, 2015, ¶¶
2, 4. Petitioner further alleges that she experienced the residual effects of her injury for
more than six months, has filed no other action for this injury, and has received no prior
award or settlement. Stipulation¶¶ 4-5. Respondent denies that petitioner’s flu vaccine
caused petitioner’s SIRVA, 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-00901-UNJ Document 23 Filed 04/24/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
March 30, 2015, the parties filed a stipulation agreeing to settle this case and describing
the settlement terms.
Respondent agrees to pay petitioner a lump sum of $95,000.00 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

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Case 1:14-vv-00901-UNJ Document 23 Filed 04/24/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00901-1
Date issued/filed: 2015-04-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/01/2015) regarding 16 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00901-UNJ Document 24 Filed 04/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-901V
Filed: April 1, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
DIANA DARKEN, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation;
SECRETARY OF HEALTH AND * Special Processing Unit [“SPU”]
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Debra Begley, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On September 24, 2014, Diana Darken 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 that
was caused-in-fact by her influenza (“flu”) vaccination administered on October 23,
2013. Petition at 1-4. The case was assigned to the Special Processing Unit [“SPU”] of
the Office of Special Masters. On April 1, 2015, I issued a decision awarding
compensation to petitioner based on the parties’ Stipulation.
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-00901-UNJ Document 24 Filed 04/24/15 Page 2 of 2
On March 30, 2015, the parties filed a Stipulation of Facts Concerning 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 $12,700.00. 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 $12, 700.003 as follows:
 a lump sum in the form of a check jointly payable to petitioner and
her attorney, Andrew D. Downing and Hennelly & Steadman, PLC in
the amount of $2,100.00; and
 a lump sum in the form of a check payable to petitioner and her
attorney, Andrew D. Downing, and Van Cott & Talamante, PLLC in
the amount of $10, 600.00.
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