VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01181
Package ID: USCOURTS-cofc-1_14-vv-01181
Petitioner: Nicole C’Debaca
Filed: 2014-12-08
Decided: 2015-04-30
Vaccine: influenza
Vaccination date: 2013-11-01
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Nicole C’Debaca filed a petition for compensation under the National Vaccine Injury Compensation Program on December 8, 2014. The petition alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on November 1, 2013. The case was assigned to the Special Processing Unit. On March 27, 2015, the respondent filed a report conceding that the petitioner suffered a non-Table injury of SIRVA and that the injury was causally related to the vaccination. Based on this concession, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on March 27, 2015, finding Ms. C’Debaca entitled to compensation. Subsequently, on April 29, 2015, the parties filed a proffer on the award of compensation. The respondent’s proffer detailed compensation for all elements of compensation to which the petitioner would be entitled under §15(a), and the petitioner agreed to the proposed award. On April 30, 2015, Chief Special Master Vowell issued a decision awarding a lump sum payment of $70,000.00, payable to the petitioner, representing compensation for all damages. Additionally, on April 29, 2015, the parties filed a stipulation of facts regarding attorneys' fees and costs. They agreed upon a total award of $14,452.82 for attorneys' fees and costs. On April 30, 2015, Chief Special Master Vowell issued a decision awarding this amount as a lump sum, payable jointly to the petitioner and her counsel, Muller Brazil, LLP. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Alexis B. Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner Nicole C’Debaca alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 1, 2013. The respondent conceded that petitioner suffered a non-Table injury of SIRVA and that the preponderance of the medical evidence indicated the injury was causally related to the vaccination. The public decision does not describe the specific mechanism of injury, onset, symptoms, or medical experts. The case resulted in a ruling on entitlement and a subsequent stipulation for damages. Petitioner was awarded $70,000.00 as a lump sum payment. Attorneys' fees and costs were stipulated and awarded at $14,452.82, payable jointly to petitioner and her counsel, Muller Brazil, LLP. Chief Special Master Denise Kathryn Vowell presided over the case. The decision date for entitlement was March 27, 2015, and the decision date for damages was April 30, 2015. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Alexis B. Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01181-0
Date issued/filed: 2015-04-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/27/2015) regarding 14 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01181-UNJ Document 17 Filed 04/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1181V
Filed: March 27, 2015
Not for Publication
* * * * * * * * * * * * * * * * * * * * * * * * *
NICOLE C’DEBACA, *
*
*
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. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, 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 December 8, 2014, Nicole C’Debaca 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 November 1, 2013, petitioner suffered a shoulder injury. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 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.
Respondent’s Report at 3. Specifically, respondent concedes that petitioner “suffered a
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-01181-UNJ Document 17 Filed 04/20/15 Page 2 of 2
non-Table injury of Shoulder Injury Related to Vaccine Administration and that the
preponderance of the medical evidence indicates that the injury was casually related to
the vaccination.” 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-01181-1
Date issued/filed: 2015-05-22
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/30/2015) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01181-UNJ Document 27 Filed 05/22/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1181V
Filed: April 30, 2015
* * * * * * * * * * * * * * * * * * * * * * * * *
NICOLE C’DEBACA *
*
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine; Shoulder Injury
v. * Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
* (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On December 8, 2014, Nicole C’Debaca 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 the administration of
an influenza vaccination on November 1, 2013, petitioner suffered a shoulder injury.
Petition at 1. The case was assigned to the Special Processing Unit (“SPU”) of the
Office of Special Masters.
On March 27, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On April 29, 2015, respondent filed a proffer on award of compensation
(“Proffer”) detailing compensation for all elements of compensation to which petitioner
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, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with
Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete 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 delete 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-01181-UNJ Document 27 Filed 05/22/15 Page 2 of 4
would be entitled under §15(a). According to respondent’s Proffer, petitioner agrees to
the proposed award of compensation.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $70,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available
under §15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
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-01181-UNJ Document 27 Filed 05/22/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
NICOLE C’DEBACA, )
)
Petitioner, )
) No. 14-1181
v. ) Chief Special Master Vowell
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$70,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees with this amount.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $70,000.00 in the form of a check payable to petitioner.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy 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.
1

Case 1:14-vv-01181-UNJ Document 27 Filed 05/22/15 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA RENZI
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
Tel.: (202) 616-7678
Dated: April 29, 2015
2

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-01181-2
Date issued/filed: 2015-05-22
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/30/2015) regarding 21 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01181-UNJ Document 28 Filed 05/22/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1181V
Filed: April 30, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NICOLE C’DEBACA *
*
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation;
SECRETARY OF HEALTH AND * Special Processing Unit [“SPU”]
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On December 8, 2014, Nicole C’Debaca 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 the administration of
an influenza vaccination on November 1, 2013, petitioner suffered a shoulder injury.
Petition at 1.
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-01181-UNJ Document 28 Filed 05/22/15 Page 2 of 4
The case was assigned to the Special Processing Unit [“SPU”] of the Office of Special
Masters. On April 30, 2015, I issued a decision awarding compensation to petitioner
based on respondent’s Proffer.
On April 29, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon a total
award of attorneys’ fees and costs to petitioner in the amount of $14,452.82. 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 $14,452.823 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Muller Brazil LLP.
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

Case 1:14-vv-01181-UNJ Document 28 Filed 05/22/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
NICOLE C’DEBACA
Petitioner
Docket No.: 1:14-vv-01181
v.
Special Master: Denise Kathryn Vowell
SECRETARY OF HEALTH AND
HUMAN SERVICES
Respondent
STIPULATION OF FACTS REGARDING FINAL ATTORNEYS FEES AND COSTS
1. On April 27, 2015, petitioner provided a draft Application for Attorneys’ Fees and
Costs (“Fee App”) and accompanying invoices, requesting a total of $15,316.82 in attorneys’ fees for
attorneys’ fees and costs for his counsel of record, Muller Brazil, LLP.
2. In informal discussions, respondent raised objections to certain items in petitioner’s
Fee Application. Based on these objections, petitioner reduces the amount requested, and asks that a
decision be entered awarding a lump sum of $14,452.82 for all attorneys’ fees and costs, payable to
petitioner and Muller Brazil, LLP. Respondent does not object.
3. In compliance with General Order #9, petitioner’s counsel represents that petitioner
has incurred no out-of-pocket expenses in the proceedings on the petition.
4. Nothing in this Stipulation, including the amount set forth in paragraph 2, should be
construed as an admission, concession, or waiver by either party as to any of the matters raised by
petitioner’s Fee App, including but not limited to the hourly rates requested, number of hours
expended, and other litigation-related costs. Respondent states (without waiving any objections) that
the total amount of compensation set forth in paragraph 2 is not an unreasonable amount to have

Case 1:14-vv-01181-UNJ Document 28 Filed 05/22/15 Page 4 of 4
been incurred for proceedings in this case.
Respectfully submitted,
/s/ Maximillian J. Muller
MAXIMILLIAN J. MULLER
Muller Brazil LLP
2401 Pennsylvania Ave., Suite 1C-44
Philadelphia, PA 19130
(215) 259-8662
Attorney for Petitioner
/s/ Alexis Babcock
ALEXIS BABCOCK
Trial Attorney
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
(202) 616-4357
Attorney for Respondent
Dated: April 28, 2015