VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01114
Package ID: USCOURTS-cofc-1_14-vv-01114
Petitioner: Antoinette McCormick
Filed: 2014-11-14
Decided: 2015-07-17
Vaccine: influenza
Vaccination date: 2013-12-07
Condition: shoulder injuries
Outcome: compensated
Award amount USD: 104546

AI-assisted case summary:
Antoinette McCormick filed a petition for compensation under the National Vaccine Injury Compensation Program on November 14, 2014, alleging that an influenza vaccination on December 7, 2013, caused her to suffer shoulder injuries. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) Report on April 27, 2015, conceding that Ms. McCormick suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a non-Table injury, and that the injury was causally related to the vaccination. Based on this concession, a ruling on entitlement was issued on April 29, 2015, finding petitioner entitled to compensation. On June 17, 2015, respondent filed a proffer on award of compensation. The parties stipulated to compensation in the amount of $90,000.00 for pain and suffering and $14,546.62 for attorneys' fees and costs. A decision awarding damages and attorneys' fees and costs was issued on July 17, 2015, granting a total award of $104,546.62.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01114-0
Date issued/filed: 2015-05-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/29/2015) regarding 18 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01114-UNJ Document 21 Filed 05/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1114V
Filed: April 29, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
ANTOINETTE MCCORMICK, *
*
*
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. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, 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 November 14, 2014, Antoinette McCormick 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 December 7, 2013, petitioner suffered “shoulder injuries
which were caused in fact” by her influenza vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 27, 2015, respondent filed her Rule 4(c) Report [“Respondent’s Report”],
in which she concedes that petitioner is entitled to compensation in this case.
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-01114-UNJ Document 21 Filed 05/22/15 Page 2 of 2
Respondent’s Report at 3. Specifically, respondent submits that “Ms. McCormick
suffered a Shoulder Injury Related to Vaccine Administration [“SIRVA”], a non-Table
injury, and that the preponderance of the medical evidence indicates that the injury was
casually related to the vaccination. Therefore, compensation is appropriate.” 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-01114-1
Date issued/filed: 2015-07-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/18/2015) regarding 23 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer,, ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01114-UNJ Document 28 Filed 07/17/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1114V
Filed: June 18, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANTOINETTE MCCORMICK, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine (“Flu”); Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”) Attorneys’ Fees and Costs
* Decision Based on Proffer
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Philadelphia, PA for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
Vowell, Chief Special Master:
On November 14, 2014, Antoinette McCormick 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 December 7, 2013, petitioner suffered “shoulder injuries
which were caused in fact” by her influenza vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 29, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration [“SIRVA”]. On
June 17, 2015, respondent filed a proffer on award of compensation [“Proffer”] detailing
compensation in the amount of $90,000.00 for actual and projected pain and suffering.
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-01114-UNJ Document 28 Filed 07/17/15 Page 2 of 5
The proffer also included an award of attorneys’ fees and costs in the amount of
$14,546.62 to which petitioner agreed. Id. In accordance with General Order #9,
petitioner’s counsel asserts that petitioner incurred no out-of-pocket litigation expenses.
Id. The Vaccine Act permits an award of reasonable fees and costs. 42 U.S.C. § 300
aa-15(e). I find the proposed total amount of $14,546.62 to be reasonable.
Pursuant to the terms stated in the attached Proffer, I award petitioner a
payment of $104,546.62 as follows:
 a lump sum payment of $90,000.00 in the form of a check payable to petitioner,
Antoinette McCormick;
 a lump sum payment of $14,546.62 in the form of a check payable jointly to
petitioner, Antoinette McCormick and petitioner’s counsel, Paul Brazil.
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

Case 1:14-vv-01114-UNJ Document 28 Filed 07/17/15 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
ANTOINETTE MCCORMICK )
)
Petitioner, )
) No. 14-1114
v. ) Chief Special Master Vowell
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on April 27, 2015.
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Petitioner has not submitted documentation for unreimbursed expenses in this case, and
thus respondent proffers that petitioner should not be awarded any amount for unreimbursed
expenses. Petitioner agrees.
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner’s vaccine-related
injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner

Case 1:14-vv-01114-UNJ Document 28 Filed 07/17/15 Page 4 of 5
should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). Petitioner agrees.
D. Attorney’s Fees and Costs
Petitioner has supplied documentation of reasonable attorney’s fees and litigation costs in
the amount of $14,546.62, incurred in pursuit of this petition. In compliance with General Order
#9, petitioner has indicated that she did not incur any out-of-pocket expenses in proceeding on
the petition. Respondent proffers that petitioner should be awarded $14,546.62 for attorney’s
fees and costs. Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
lump sum payments as described below and request that the Chief Special Master’s decision and
the Court’s judgment award the following:1
A. A lump sum payment of $90,000.00, which represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)., in the form of a check
payable to petitioner; and
B. A lump sum payment of $14,546.62, in the form of a check payable to petitioner and
petitioner’s attorney, Paul Brazil, Esq., for attorney’s fees and costs. Petitioner agrees to endorse
this payment to petitioner’s attorney.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner: $90,000.00
B. Reasonable Attorney’s Fees and Costs: $14,546.62
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.
-2-

Case 1:14-vv-01114-UNJ Document 28 Filed 07/17/15 Page 5 of 5
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort 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
Dated: June 17, 2015 Telephone: (202) 616-7678
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