VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00981
Package ID: USCOURTS-cofc-1_14-vv-00981
Petitioner: Kim Finch
Filed: 2014-10-14
Decided: 2015-09-29
Vaccine: influenza
Vaccination date: 2013-10-24
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 76000

AI-assisted case summary:
Kim Finch filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2014, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination on October 24, 2013. She further alleged that she experienced residual effects for more than six months and had filed no other action for this injury. Respondent denied that the flu vaccine caused petitioner's alleged SIRVA and residual effects. Nevertheless, the parties filed a joint stipulation on August 24, 2015, agreeing to settle the case. Respondent agreed to pay petitioner a lump sum of $76,000.00 as compensation for all damages. This amount was awarded by Chief Special Master Vowell in a decision dated September 29, 2015. Subsequently, on December 23, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $15,422.12. This award was granted by Chief Special Master Dorsey on September 21, 2016.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00981-0
Date issued/filed: 2015-09-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/25/2015) regarding 27 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00981-UNJ Document 33 Filed 09/29/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-981V
Filed: August 25, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIM FINCH, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael McLaren, Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for
petitioner.
Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On October 14, 2014, Kim Finch 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 as the result of an influenza [“flu”]
vaccination on October 24, 2013, she suffered a Shoulder Injury Related to Vaccine
Administration [“SIRVA”]. Petition, at 1; Stipulation, filed August 24, 2015, ¶¶ 2, 4.
Petitioner further alleges that she experienced the residual effects of this injury for more
than six months, has filed no other action for this injury, and has received no prior award
or settlement for this injury. Petition, ¶¶ 7-8; Stipulation, ¶¶ 4-5. “Respondent denies
that petitioner’s alleged SIRVA and residual effects were caused-in-fact by the flu
vaccine. Respondent further denies that the flu vaccine caused petitioner any other
injury or her current condition.” 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 (2012).

Case 1:14-vv-00981-UNJ Document 33 Filed 09/29/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
August 24, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $76,000.00 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
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 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-00981-UNJ Document 33 Filed 09/29/15 Page 5 of 7

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Case 1:14-vv-00981-UNJ Document 33 Filed 09/29/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00981-1
Date issued/filed: 2016-09-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/23/2015) regarding 35 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00981-UNJ Document 38 Filed 09/21/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-981V
Filed: December 23, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIM FINCH, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael McLaren, Black, McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On October 14, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following receipt of her October 24, 2013 influenza vaccination.
On August 25, 2015, a decision issued awarding compensation to petitioner based on
the parties’ stipluation.
On December 23, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:14-vv-00981-UNJ Document 38 Filed 09/21/16 Page 2 of 2
award of $15,422.12. 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). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $15,422.123 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Black McLaren Jones Ryland & Griffee, a Professional Corporation.
The clerk of the court shall enter judgment in accordance herewith.4
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).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.