VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01182
Package ID: USCOURTS-cofc-1_14-vv-01182
Petitioner: Ryan Britton
Filed: 2014-12-08
Decided: 2015-09-30
Vaccine: influenza and meningococcal
Vaccination date: 2013-10-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 126117

AI-assisted case summary:
On December 8, 2014, Karen Stroup filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of her son, R.B., alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by influenza and meningococcal vaccines received on October 29, 2013. The case was assigned to the Special Processing Unit. On April 16, 2015, the Special Master issued a ruling on entitlement, finding the petitioner eligible for compensation. Subsequently, on August 9, 2015, R.B. turned 18 years old, and the case caption was amended to reflect his name as Ryan Britton. On September 1, 2015, the respondent, the Secretary of Health and Human Services, filed a proffer conceding that Britton suffered from SIRVA and recommending an award. The parties agreed to a total compensation amount of $109,617.48 for all damages, representing compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a). Additionally, the parties agreed to an award of $16,500.00 for attorneys' fees and costs, with petitioner's counsel representing that no out-of-pocket expenses were incurred. Chief Special Master Denise K. Vowell issued a decision on September 30, 2015, awarding a lump sum of $109,617.48 payable to Ryan Britton for damages, and a lump sum of $16,500.00 payable jointly to Ryan Britton and his counsel, Maximillian J. Muller, Esq., for attorneys' fees and costs. The total award amounted to $126,117.48. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The theory of causation is based on a concession by the respondent that the petitioner suffered from SIRVA.

Theory of causation field:
Petitioner Ryan Britton alleged a shoulder injury related to vaccine administration (SIRVA) following influenza and meningococcal vaccinations on October 29, 2013. The respondent, Secretary of Health and Human Services, filed a proffer conceding that petitioner suffered from SIRVA. The case was decided based on this concession and a stipulation between the parties. Chief Special Master Denise K. Vowell issued a decision on September 30, 2015, awarding $109,617.48 for damages and $16,500.00 for attorneys' fees and costs, totaling $126,117.48. Petitioner was represented by Maximillian J. Muller, Esq., and respondent was represented by Sarah Duncan, Esq. The specific medical mechanism for the SIRVA was not detailed in the public decision, and the theory of causation relied on the respondent's concession rather than extensive expert medical testimony presented in the public record.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01182-0
Date issued/filed: 2015-09-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/02/2015) regarding 28 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01182-UNJ Document 34 Filed 09/30/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1182V
Filed: September 2, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RYAN BRITTON, *
*
Petitioner, * Damages Decision Based on Proffer;
* Attorneys’ Fees and Costs;
* Influenza and Meningococcal Vaccines
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Sarah Duncan, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
Vowell, Chief Special Master:
On December 8, 2014, Karen Stroup 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”] on behalf of her son, R.B. Petitioner alleged that R.B.
suffered a shoulder injury which was caused by the influenza and meningococcal
vaccines he received on October 29, 2013. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On April 16, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation.
Approximately four months later, petitioner filed a motion indicating that R.B. had
turned 18 years old on August 9, 2015 and was no longer a minor. Motion, filed Aug.
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-01182-UNJ Document 34 Filed 09/30/15 Page 2 of 5
11, 2015, at 1. Petitioner requested that the caption be amended to reflect Ryan Britton
(formerly R.B.) as petitioner. Id. at 1-2. I granted petitioner’s request. Order, issued
Aug. 13, 2015.
On September 1, 2015, respondent filed a proffer on award of compensation
[“Proffer”] indicating petitioner should be awarded $109,617.48. Proffer at 2. According
to respondent’s Proffer, petitioner agrees to this proposed amount. Id.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $109,617.48 in the form of a check payable to petitioner, Ryan
Britton. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
The Proffer further indicated that petitioner should be awarded $16,500.00 for
attorneys’ fees and costs. Proffer at 2. In accordance with General Order #9,
petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. Id.
According to respondent’s Proffer, petitioner agrees to this proposed amount. Id.
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 $16,500.003 as a lump sum in the form of a
check jointly payable to petitioner Ryan Britton and petitioner’s counsel
Maximillian J. Muller.
The clerk of the court is directed to enter judgment in accordance with this
decision.4
s/Denise K. Vowell
Denise K. Vowell
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 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--0011118822--UUNNJJ DDooccuummeenntt 2374 FFiilleedd 0099//0310//1155 PPaaggee 13 ooff 35
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RYAN BRITTON, )
)
Petitioner, )
) No. 14-1182V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 8, 2014, petitioner1 filed a petition for compensation (“Petition”) under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine
Act” or “Act”), as amended, alleging that he suffered an injury to his left shoulder as a result of
influenza and meningococcal vaccines administered on October 29, 2013. See generally Dkt.
15, Resp.’s Rep. at 1-4. The Secretary of Health and Human Services (“respondent”) filed a
Vaccine Rule 4(c) report, conceding that petitioner suffered from a shoulder injury related to
vaccine administration (“SIRVA”), and recommending that the Court award petitioner
compensation. Id. at 4-5. Respondent hereby submits the following proffer regarding the award
of compensation.
1 At the time of the Petition’s filing, petitioner was a minor. When petitioner reached the age
of majority, the caption was amended to reflect Ryan Britton as the sole petitioner.

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I. Items of Compensation
A. Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be
awarded $109,617.48, which represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
B. Attorneys’ Fees and Costs
Petitioner has supplied documentation of reasonable attorneys’ fees and costs in the
amount of $16,500.00. Pursuant to General Order #9, petitioner’s counsel has represented
to respondent’s counsel that petitioner incurred no out-of-pocket expenses in proceeding on
the petition. Respondent proffers that petitioner should be awarded $16,500.00 for attorneys’
fees and costs. Petitioner agrees.
II. Form of the Award
The parties request that the Chief Special Master’s decision and the Court’s judgment
award the following2:
A. A lump sum payment of $109,617.48 (representing 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 $16,500.00 in the form of a check payable to petitioner
and petitioner’s attorney, Maximillian J. Muller, Esq., for attorneys’ fees and costs.
Petitioner agrees to endorse this payment to petitioner’s attorney.
2 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.
2

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III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner: $ 109,617.48
B. Reasonable attorneys’ fees and costs: $ 16,500.00
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/ Sarah C. Duncan
Sarah C. Duncan
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) 514-9729
Fax: (202) 616-4310
DATED: September 1, 2015
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