VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00963
Package ID: USCOURTS-cofc-1_14-vv-00963
Petitioner: Andrea Thompson
Filed: 2014-10-08
Decided: 2015-04-24
Vaccine: Hepatitis B
Vaccination date: 2012-01-12
Condition: neuropathy and adhesive capsulitis (frozen shoulder)
Outcome: compensated
Award amount USD: 75240

AI-assisted case summary:
Andrea Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Hepatitis B vaccination she received on January 12, 2012, caused neuropathy and adhesive capsulitis (frozen shoulder). The respondent conceded that petitioner was entitled to compensation for her shoulder injury, consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), and that the injury lasted more than six months and was not due to unrelated factors. The respondent did not concede that the vaccine caused neuropathy. Based on the respondent's concession, the court found petitioner entitled to compensation for her shoulder injury. Subsequently, the parties stipulated to an award of $75,240.00 for all elements of compensation, which the court granted. Additionally, the parties stipulated to an award of $21,097.00 for attorneys' fees and costs, which the court also granted. The petition was filed on October 8, 2014, and the final decision on attorneys' fees and costs was issued on April 24, 2015.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00963-0
Date issued/filed: 2015-03-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/23/2015) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00963-UNJ Document 25 Filed 03/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-963V
Filed: February 23, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANDREA THOMPSON, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Hepatitis B Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (SIRVA); Adhesive Capsulitis (Frozen
AND HUMAN SERVICES, * Shoulder); Special Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Francisco Gonzalez, Esq., Law Office of Frank Gonzalez, Great Neck, NJ for petitioner.
Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On October 8, 2014, Andrea Thompson 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 injuries including
neuropathy and adhesive capsulitis (frozen shoulder) which were caused by the
Hepatitis B vaccination she received on January 12, 2012. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On February 18, 2015, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, “respondent has determined that the injury to petitioner’s
left shoulder is consistent with a shoulder injury related to vaccine administration
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-00963-UNJ Document 25 Filed 03/18/15 Page 2 of 2
(SIRVA).”3 Furthermore, respondent agrees that petitioner’s injury lasted for more than
six months and “is not due to factors unrelated to the administration of the Hep B
vaccine.” Id. at 4.
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
3 Id. at 1-2. Respondent does not, however, concede that the Hepatitis B vaccine caused neuropathy in
this case, maintaining “that the evidence is insufficient to establish that the Hep B vaccine caused a
neurologic injury, such as neuropathy with ongoing denervation, as alleged in the petition.” Id. at 2 n.1.
Petitioner’s counsel confirmed by email to the OSM staff attorney managing this case that he has
discussed this matter with respondent’s counsel and, petitioner has no objection to a ruling based on
respondent’s concession as described in the Rule 4(c) report.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00963-1
Date issued/filed: 2015-04-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/13/2015) regarding 22 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00963-UNJ Document 30 Filed 04/06/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-963V
Filed: March 13, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANDREA THOMPSON, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Hepatitis B Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (SIRVA); Adhesive Capsulitis (Frozen
AND HUMAN SERVICES, * Shoulder); Special Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Francisco Gonzalez, Esq., Law Office of Frank Gonzalez, Great Neck, NJ for petitioner.
Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 8, 2014, Andrea Thompson 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 alleged that she suffered injuries including
neuropathy and adhesive capsulitis (frozen shoulder) which were caused by the
Hepatitis B vaccination she received on January 12, 2012. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On February 23, 2015, I issued a ruling on entitlement, finding petitioner entitled
to compensation for her shoulder injury related to vaccine administration [“SIRVA”].3 On
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).
3 Respondent conceded that petitioner was entitled to compensation for her SIRVA but did not concede
that the Hepatitis B vaccine caused neuropathy, maintaining “that the evidence is insufficient to establish
that the Hep B vaccine caused a neurologic injury, such as neuropathy with ongoing denervation, as
alleged in the petition.” Respondent’s Rule 4(c) Report, filed Feb. 18, 2015, at 1-2 & 2 n.1. Petitioner’s
counsel confirmed by email to the OSM staff attorney managing this case that he had discussed the

Case 1:14-vv-00963-UNJ Document 30 Filed 04/06/15 Page 2 of 4
March 13, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating petitioner should be awarded $75,240.00 “represent[ing] all elements of
compensation to which petitioner would be entitled.” Proffer at 1. According to
respondent’s Proffer, petitioner agrees to this proposed amount. Id. at 1-2. Petitioner’s
counsel also confirmed by email communication to the OSM staff attorney managing the
case that petitioner agrees to the amount proposed in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $75,240.00 in the form of a check payable to petitioner, Andrea
Thompson. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.4
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
matter with respondent’s counsel and petitioner had no objection to a ruling based on respondent’s
concession as described in the Rule 4(c) report. See Ruling on Entitlement, issued Feb. 23, 2015, at 2
n.3. Thus, I issued my ruling on that basis.
4 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

CCaassee 11::1144--vvvv--0000996633--UUNNJJ DDooccuummeenntt 2310 FFiilleedd 0034//1036//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ANDREA THOMPSON, )
)
Petitioner, )
) No. 14-963V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$75,240.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $75,240.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
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 and future pain and suffering.

CCaassee 11::1144--vvvv--0000996633--UUNNJJ DDooccuummeenntt 2310 FFiilleedd 0034//1036//1155 PPaaggee 24 ooff 24
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ ANN D. MARTIN
ANN D. MARTIN
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) 307-1815
DATED: March 13, 2015
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-00963-2
Date issued/filed: 2015-04-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/02/2015) regarding 28 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00963-UNJ Document 32 Filed 04/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-963V
Filed: April 2, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANDREA THOMPSON, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Francisco Gonzalez, Esq., Law Office of Frank Gonzalez, Great Neck, NJ for petitioner.
Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On October 8, 2014, Andrea Thompson 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”]. On March 13, 2015, I issued a decision awarding
compensation to petitioner based on respondent’s proffer to which petitioner agreed.
On April 2, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties agree upon an award of
$21,097.00 in attorneys’ fees and costs. In accordance with General Order #9,
petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses.
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-00963-UNJ Document 32 Filed 04/24/15 Page 2 of 2
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 $21,097.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Francisco Gonzalez.
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