VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01159
Package ID: USCOURTS-cofc-1_14-vv-01159
Petitioner: Ian Marley
Filed: 2015-04-03
Decided: 2015-09-30
Vaccine: Tdap
Vaccination date: 2014-02-28
Condition: adhesive capsulitis and/or a right shoulder injury
Outcome: compensated
Award amount USD: 52209

AI-assisted case summary:
Ian Marley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered adhesive capsulitis and/or a right shoulder injury caused by his Hepatitis A and Tetanus-Diptheria-acellular Pertussis (Tdap) vaccinations administered on February 28, 2014. He claimed the residual effects of his injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused the alleged injuries. Despite the denial, the parties reached a settlement. On April 2, 2015, they filed a stipulation agreeing to settle the case, with the respondent agreeing to pay Ian Marley a lump sum of $40,000.00 for all damages. The court adopted this stipulation and awarded the compensation. Subsequently, on August 25, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $12,209.88. The court found this amount reasonable and awarded it as a lump sum, jointly payable to Ian Marley and his counsel. The total compensation awarded to Ian Marley was $52,209.88.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-01159-0
Date issued/filed: 2015-04-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/03/2015) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01159-UNJ Document 25 Filed 04/24/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1159V
Filed: April 3, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
IAN MARLEY, *
*
Petitioner, * Stipulation on Damages;Tetanus-
* Diptheria-acellular Pertussis (“Tdap”)
* Vaccine; Hepatitis A Vaccine; Shoulder
SECRETARY OF HEALTH * Injury; Adhesive Capsulitis;
AND HUMAN SERVICES, * Special Processing Unit
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Esq., Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Lynn Ricciardella, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION1
Vowell, Chief Special Master:
On December 1, 2014, Ian Marley 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 suffered adhesive capsulitis
and/or a right shoulder injury that was caused-in-fact by his Hepatitis A, and Tetanus-
Diptheria-acellular Pertussis (“Tdap”) vaccinations administered on February 28, 2014.
Stipulation, filed April 2, 2015, ¶¶ 2, 4. Petitioner further alleges that he experienced the
residual effects of his injury for more than six months, has filed no other action for this
injury, and has received no prior award or settlement. Stipulation¶¶ 4-5. Respondent
denies that petitioner’s vaccinations caused petitioner to suffer adhesive capsulitis, a
right shoulder injury, or any other injury. 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 (2006).

Case 1:14-vv-01159-UNJ Document 25 Filed 04/24/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
April 2, 2015, the parties filed a stipulation agreeing to settle this case and describing
the settlement terms.
Respondent agrees to pay petitioner a lump sum of $40,000.00 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
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

Case 1:14-vv-01159-UNJ Document 25 Filed 04/24/15 Page 3 of 7

Case 1:14-vv-01159-UNJ Document 25 Filed 04/24/15 Page 4 of 7

Case 1:14-vv-01159-UNJ Document 25 Filed 04/24/15 Page 5 of 7

Case 1:14-vv-01159-UNJ Document 25 Filed 04/24/15 Page 6 of 7

Case 1:14-vv-01159-UNJ Document 25 Filed 04/24/15 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-01159-1
Date issued/filed: 2015-09-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/26/2015) regarding 27 DECISION Fees Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01159-UNJ Document 30 Filed 09/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1159V
Filed: August 26, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
IAN MARLEY, *
*
Petitioner, * Attorney Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Esq., Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Lynn Ricciardella, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On December 1, 2014, Ian Marley 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 he suffered adhesive capsulitis
and/or a right shoulder injury that was caused-in-fact by his Hepatitis A, and Tetanus-
Diptheria-acellular Pertussis (“Tdap”) vaccinations administered on February 28, 2014.
Stipulation, filed April 2, 2015, ¶¶ 2, 4. On April 3, 2015, I issued a decision awarding
compensation to petitioner based on the parties’ joint stipulation.
On August 25, 2015, the parties filed a Stipulation of Attorneys’ Fees and Costs.
According to the stipulation, the parties agree upon an award of $12,209.88. In
accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses.
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 (2012).

Case 1:14-vv-01159-UNJ Document 30 Filed 09/30/15 Page 2 of 2
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 of $12, 209.883 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Amber Wilson, Esq.
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