VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01013
Package ID: USCOURTS-cofc-1_14-vv-01013
Petitioner: Catherine Smith
Filed: 2014-10-20
Decided: 2015-04-29
Vaccine: trivalent influenza
Vaccination date: 2013-10-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 76000

AI-assisted case summary:
Catherine Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the trivalent influenza vaccination she received on October 5, 2013. The respondent, the Secretary of Health and Human Services, conceded that compensation was appropriate, agreeing that the alleged injury was consistent with SIRVA and that petitioner had satisfied all legal prerequisites for compensation, including proof that her injury lasted for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation, agreeing to a lump sum payment of $76,000.00. This amount was awarded to Catherine Smith as compensation for all damages available under the Vaccine Act. Later, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to an award of $16,032.10. This amount was awarded as a lump sum jointly payable to petitioner and her counsel.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01013-0
Date issued/filed: 2015-04-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/16/2015) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01013-UNJ Document 18 Filed 04/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1013V
Filed: March 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CATHERINE SMITH, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Trivalent Influenza or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA; Special
AND HUMAN SERVICES, * Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Esq., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN
for petitioner.
Julia W. McInerny, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On October 20, 2014, Catherine Smith 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”] caused by the trivalent influenza vaccination
she received on October 5, 2013. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 16, 2015, respondent filed her Rule 4(c) report in which she concedes
“that compensation is appropriate in this case.” Respondent’s Rule 4(c) Report at 1.
Specifically, respondent “believes that the alleged injury is consistent with SIRVA.” Id.
at 4. Respondent further agrees that petitioner “has satisfied all legal prerequisites for
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-01013-UNJ Document 18 Filed 04/06/15 Page 2 of 2
compensation under the Vaccine Act” to include proof that her injury lasted for more
than six months. 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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01013-1
Date issued/filed: 2015-04-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/08/2015) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01013-UNJ Document 24 Filed 04/29/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1013V
Filed: April 8, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CATHERINE SMITH, *
*
Petitioner, * Damages Decision Based on Proffer;
* Trivalent Influenza or Flu Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; SIRVA; Special
AND HUMAN SERVICES, * Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Esq., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN
for petitioner.
Julia W. McInerny, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On October 20, 2014, Catherine Smith 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”] caused by the trivalent influenza vaccination
she received on October 5, 2013. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 16, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for her shoulder injury related to vaccine administration [“SIRVA”]. On
April 8, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating
petitioner should be awarded $76,000.00 “which represents all elements of
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-01013-UNJ Document 24 Filed 04/29/15 Page 2 of 4
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).”
Proffer at 1.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $76,000.00 in the form of a check payable to petitioner, Catherine
Smith. 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.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 party filing a notice
renouncing the right to seek review.
2

CCaassee 11::1144--vvvv--0011001133--UUNNJJ DDooccuummeenntt 1294 FFiilleedd 0044//0289//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CATHERINE SMITH, )
)
Petitioner, )
) No. 14-1013V
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
$76,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $76,000.00 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, future lost earnings, and future pain and suffering.

CCaassee 11::1144--vvvv--0011001133--UUNNJJ DDooccuummeenntt 1294 FFiilleedd 0044//0289//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/ Julia W. McInerny
JULIA W. MCINERNY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
DATED: April 8, 2015 (202) 353-3919
2

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-01013-2
Date issued/filed: 2015-07-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/16/2015) regarding 26 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01013-UNJ Document 29 Filed 07/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1013V
Filed: June 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CATHERINE SMITH, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Esq., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN
for petitioner.
Julia W. McInerny, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On October 20, 2014, Catherine Smith 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 a shoulder injury
related to vaccine administration [“SIRVA”] caused by the trivalent influenza vaccination
she received on October 5, 2013. Petition at 1. On April 8, 2015, I issued a decision
awarding compensation to petitioner based on respondent’s proffer.
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-01013-UNJ Document 29 Filed 07/17/15 Page 2 of 2
On June 16, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $16,032.10 in attorneys’ fees and costs. 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 $16,032.103 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Michael G. McLaren.
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