VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01139
Package ID: USCOURTS-cofc-1_14-vv-01139
Petitioner: Larry Thompson
Filed: 2014-11-24
Decided: 2015-07-27
Vaccine: Tdap
Vaccination date: 2014-01-27
Condition: shoulder injury related to vaccine administration (SIRVA), adhesive capsulitis, glenohumeral arthritis, and shoulder pain
Outcome: compensated
Award amount USD: 118571

AI-assisted case summary:
Larry Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 24, 2014, alleging he developed a shoulder injury related to vaccine administration (SIRVA), adhesive capsulitis, glenohumeral arthritis, and shoulder pain following a Tdap vaccination administered on January 27, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 30, 2015, indicating that the petitioner's alleged injury was consistent with SIRVA and caused by the Tdap vaccination. Although the respondent's concession of SIRVA was more limited than the injuries alleged in the petition, the parties subsequently discussed damages. On April 27, 2015, the respondent filed a proffer proposing an award of $118,571.53, representing all elements of compensation to which Mr. Thompson would be entitled under 42 U.S.C. § 300aa-15(a). The parties stipulated to this amount, and Chief Special Master Denise Kathryn Vowell issued a decision on April 28, 2015, awarding compensation in the stipulated lump sum of $118,571.53, payable to Mr. Thompson. Subsequently, on June 22, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Chief Special Master Vowell issued a decision on July 27, 2015, awarding $17,250.00 in attorneys' fees and costs, payable jointly to Mr. Thompson and his counsel, William Cochran of Black, McLaren, Jones, Ryland & Griffee, P.C. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by William Cochran, and respondent was represented by Lara Englund. The Special Master was Denise Kathryn Vowell.

Theory of causation field:
Petitioner Larry Thompson alleged a shoulder injury related to vaccine administration (SIRVA), adhesive capsulitis, glenohumeral arthritis, and shoulder pain following a Tdap vaccination on January 27, 2014. Respondent's Rule 4(c) report indicated the injury was consistent with SIRVA and caused by the Tdap vaccination. The parties stipulated to an award of $118,571.53 for all elements of compensation under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the SIRVA determination beyond the respondent's concession. The award was based on a stipulation and proffer, not a litigated decision on causation. Chief Special Master Denise Kathryn Vowell issued the decision on April 28, 2015. Attorneys for petitioner were William Cochran and for respondent Lara Englund. A subsequent decision on July 27, 2015, awarded $17,250.00 in attorneys' fees and costs.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01139-0
Date issued/filed: 2015-07-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/24/2015) regarding 22 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01139-UNJ Document 25 Filed 07/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1139V
Filed: June 24, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
LARRY THOMPSON, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
William Cochran, Esq., Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN for
petitioner.
Lara Englund, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On November 24, 2014, Larry 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 he developed a “shoulder injury
related to vaccine administration (SIRVA), adhesive capsulitis, glenohumeral arthritis,
and shoulder pain resulting from adverse effects of a [tetanus, diphtheria, acellular
pertussis] TDaP vaccination administer on January 27, 2014.” Petition at 1. On April
28, 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-01139-UNJ Document 25 Filed 07/27/15 Page 2 of 2
On June 22, 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 $17,250.00 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 $17,250.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel William Cochran.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-01139-1
Date issued/filed: 2015-07-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/28/2015) regarding 16 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01139-UNJ Document 26 Filed 07/27/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1139V
Filed: April 28, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LARRY THOMPSON, *
* Entitlement; Damages Based on Proffer;
Petitioner, * Tetanus, Diphtheria, acellular Pertussis;
* Tdap; Shoulder Injury Related to
* Vaccine Administration; SIRVA;
SECRETARY OF HEALTH * Adhesive Capsulitis; Glenohumeral
AND HUMAN SERVICES, * Arthritis; Special Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William Cochran, Esq., Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN for
petitioner.
Lara Englund, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION1
Vowell, Chief Special Master:
On November 24, 2014, Larry 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 he developed a “shoulder injury
related to vaccine administration (SIRVA), adhesive capsulitis, glenohumeral arthritis,
and shoulder pain resulting from adverse effects of a [tetanus, diphtheria, acellular
pertussis] TDaP vaccination administer on January 27, 2014.” Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On March 30, 2015, respondent filed a Rule 4(c) report indicating she believes
the “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine
administration (SIRVA) . . . [and] was caused-in-fact by the Tdap vaccination he
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-01139-UNJ Document 26 Filed 07/27/15 Page 2 of 4
received on January 27, 2014.” Respondent’s Rule 4 Report at 2. Because the scope
of the injury conceded by respondent (SIRVA) was more limited than what was alleged
in the petition, the OSM staff attorney managing this case contacted the parties by email
to determine if petitioner had agreed to limit his claim to the injury specified by
respondent. The parties indicated they had not discussed the matter and would like to
discuss the issue of damages to determine if they could reach an informal agreement
on that issue.
On April 27, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating “petitioner should be awarded $118,571.53 . . . [which] accounts for all
elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.” Proffer at 1. Although the proffer indicated petitioner agreed (see id.), the
OSM staff attorney managing this case communicated with the parties to ensure that
the damages listed in the proffer represented all damages with regard to petitioner’s
claim. The parties confirmed by email communication that the proffer was for damages
from all injuries alleged in the petition.
I find that petitioner is entitled to compensation. Pursuant to the terms stated
in the attached Proffer, I award petitioner a lump sum payment of $118,571.53 in the
form of a check payable to petitioner, Larry Thompson. This amount represents
compensation for all damages that would be available under 42 U.S.C. § 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--0011113399--UUNNJJ DDooccuummeenntt 1256 FFiilleedd 0047//2267//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LARRY THOMPSON, )
)
Petitioner, )
)
v. ) No. 14-1139V
) Chief Special Master Denise Vowell
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$118,571.53. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as
lump sum payment of $118,571.53, in the form of a check payable to petitioner.1 Petitioner is a
competent adult. Evidence of guardianship is not required in this case. This amount accounts
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

CCaassee 11::1144--vvvv--0011113399--UUNNJJ DDooccuummeenntt 1256 FFiilleedd 0047//2267//1155 PPaaggee 24 ooff 24
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: April 27, 2015
2