VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01145
Package ID: USCOURTS-cofc-1_14-vv-01145
Petitioner: Candace Johnson
Filed: 2014-11-24
Decided: 2015-06-25
Vaccine: Tdap
Vaccination date: 2014-02-25
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 89342

AI-assisted case summary:
Candace Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Tetanus diphtheria and acellular pertussis (Tdap) vaccination on February 25, 2014, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Ms. Johnson was entitled to compensation, agreeing that the injury was causally related to the vaccination and was a non-Table injury. The court issued a ruling on entitlement, finding Ms. Johnson entitled to compensation. Subsequently, the parties submitted a proffer for damages. The respondent proposed an award of $71,000.00 for pain and suffering and past unreimbursable medical expenses, and $18,342.42 for attorneys' fees and costs. Ms. Johnson agreed to these amounts. The court awarded a total of $89,342.42, comprising $71,000.00 payable to Ms. Johnson and $18,342.42 payable jointly to Ms. Johnson and her attorney.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01145-0
Date issued/filed: 2015-05-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/27/2015) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01145-UNJ Document 19 Filed 05/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1145V
Filed: April 27, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
CANDACE JOHNSON *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus Diphtheria Acellular Pertussis
v. * (“Tdap”); Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, 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 24, 2014, Candace Johnson 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 a Tetanus
diphtheria and acellular pertussis (“Tdap”) vaccination on February 25, 2014, petitioner
suffered a “shoulder injury related to vaccine administration.” 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-01145-UNJ Document 19 Filed 05/22/15 Page 2 of 2
Respondent’s Report at 3. Specifically, respondent submits that “Ms. Johnson suffered
a Shoulder Injury Related to Vaccine Administration, a non-Table injury, and that
preponderance of the medical evidence indicates that the injury was causally 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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01145-1
Date issued/filed: 2015-06-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/29/2015) regarding 21 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer,, (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01145-UNJ Document 25 Filed 06/25/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1145V
Filed: May 29, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CANDACE JOHNSON, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tdap; Cause-in-fact;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration; Special Processing Unit;
AND HUMAN SERVICES, * Attorneys’ Fees and Costs Decision
* Based on Proffer
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Alexis B. Babcock, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
Vowell, Chief Special Master:
On November 24, 2014, Candace Johnson filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq., [the “Vaccine Act” or “Program”]. Petitioner alleged that he suffered a shoulder
injury as a result of the administration of a Tetanus diphtheria and acellular pertussis
(“Tdap”) vaccine on February 25, 2014. Petition at 1-2. 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 [“Res. Report”], in which
she conceded that petitioner is entitled to compensation in this case. Res. Report at 3.
Also on April 27, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation.
On May 29, 2015, respondent filed a proffer on award of compensation [“Proffer”]
detailing compensation in the amount of $71,000.00, representing $69,167.52 for actual
and projected pain and suffering and $1,832.48 for past unreimbursed medical
expenses. Proffer at 1-2. Respondent averred that petitioner agreed to the amount set
1 Because this unpublished decision 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.

Case 1:14-vv-01145-UNJ Document 25 Filed 06/25/15 Page 2 of 5
forth therein. 2 Id. This amount represents compensation for all damages that would
be available under 42 U.S.C. § 300aa-15(a).
The proffer also included an award of attorneys’ fees and costs in the amount of
$18,342.42 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 $18,342.42 to be reasonable.
Pursuant to the terms stated in the attached Proffer, I award petitioner a
payment of $89,342.42 as follows:
a. a lump sum payment of $71,000.00 in the form of a check payable solely to
petitioner, Candace Johnson;
b. a lump sum payment of $18,342.42 in the form of a check payable jointly to
petitioner, Candace Johnson and petitioner’s counsel, Paul Brazil.
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
2 The proffer indicates that the parties have agreed that no award should be made for lost wages. Proffer
at 1-2.
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.

CCaassee 11::1144--vvvv--0011114455--UUNNJJ DDooccuummeenntt 2205 FFiilleedd 0056//2295//1155 PPaaggee 13 ooff 35
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
CANDACE JOHNSON, )
)
Petitioner, )
) No. 14-1145
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 $69,167.52 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
Evidence supplied by petitioner documents his expenditure of past unreimbursable
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,832.48. 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

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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 $18,342.42, 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 $18,342.42 for attorneys’
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 $71,000.00, 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 $18,342.42, 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: $71,000.00
B. Reasonable Attorney’s Fees and Costs: $18,342.42
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.
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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
ALTHEA W. DAVIS
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: May 29, 2015 Telephone: (202) 616-7678
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