VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01208
Package ID: USCOURTS-cofc-1_14-vv-01208
Petitioner: Michael Lerg
Filed: 2014-12-16
Decided: 2015-06-25
Vaccine: meningococcal
Vaccination date: 2014-05-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Michael Lerg filed a petition for compensation under the National Vaccine Injury Compensation Program on December 16, 2014, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a meningococcal vaccine he received on May 6, 2014. The respondent, represented by Christine Becer of the U.S. Department of Justice, filed a Rule 4(c) report on May 29, 2015, conceding that Mr. Lerg's alleged injury was consistent with SIRVA and recommending that compensation be awarded. The respondent also agreed that the injury lasted for more than six months and was not due to factors unrelated to the vaccine administration. Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on May 29, 2015, finding Mr. Lerg entitled to compensation. Subsequently, on June 4, 2015, the parties submitted a proffer agreeing to an award of $125,000.00 for all damages, payable as a lump sum check to Michael Lerg. Chief Special Master Vowell issued a decision on June 4, 2015, awarding this amount. On June 10, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Chief Special Master Vowell issued a decision on June 10, 2015, awarding $17,500.00 in attorneys' fees and costs, jointly payable to Michael Lerg and his counsel, Maximillian J. Muller of Muller Brazil, LLP. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Michael Lerg alleged a shoulder injury related to vaccine administration (SIRVA) caused by a meningococcal vaccine received on May 6, 2014. The respondent conceded that the injury was consistent with SIRVA and recommended compensation. The Special Processing Unit (SPU) was assigned to the case. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on May 29, 2015, finding petitioner entitled to compensation based on the respondent's concession. A subsequent proffer on award of compensation, filed June 4, 2015, agreed to a lump sum payment of $125,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Petitioner agreed to this amount. The theory of causation was based on the "Table" for SIRVA. Chief Special Master Vowell issued a decision awarding damages on June 4, 2015. A separate decision on June 10, 2015, awarded $17,500.00 in attorneys' fees and costs, jointly payable to petitioner Michael Lerg and his counsel Maximillian Muller (Muller Brazil, LLP). Respondent's counsel was Christine Becer (U.S. Department of Justice). The public text does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond the SIRVA classification.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01208-0
Date issued/filed: 2015-06-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/29/2015) regarding 18 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01208-UNJ Document 29 Filed 06/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1208V
Filed: May 29, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL LERG, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Meningococcal Vaccine; Shoulder Injury
* Related to Vaccine Administration;
SECRETARY OF HEALTH * SIRVA; Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Christine Becer, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On December 16, 2014, Michael Lerg 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 a shoulder injury which
was caused by the meningococcal vaccine he received on May 6, 2014. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 29, 2015, respondent filed her Rule 4(c) report in which she indicates
that she “has determined that petitioner’s alleged injury is consistent with a shoulder
injury related to vaccine administration (SIRVA) and recommends that compensation be
awarded in this case.” Respondent’s Rule 4(c) Report at 1. Respondent further agrees
that petitioner’s injury lasted for more than six months and, “that petitioner’s injury is not
due to factors unrelated to the administration of the meningococcal vaccine.” Id. at 3.
1 Because this unpublished ruling 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-01208-UNJ Document 29 Filed 06/25/15 Page 2 of 2
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-01208-1
Date issued/filed: 2015-06-25
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/04/2015) regarding 21 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01208-UNJ Document 30 Filed 06/25/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1208V
Filed: June 4, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL LERG, *
*
Petitioner, * Damages Decision Based on Proffer;
* Meningococcal Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Christine Becer, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On December 16, 2014, Michael Lerg 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 a shoulder injury which
was caused by the meningococcal vaccine he received on May 6, 2014. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 29, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On June 4, 2015, respondent filed a proffer on award of compensation
[“Proffer”] indicating petitioner should be awarded $125,000.00. Proffer at 1. 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 $125,000.00 in the form of a check payable to petitioner, Michael
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-01208-UNJ Document 30 Filed 06/25/15 Page 2 of 4
Lerg. This amount represents compensation for all damages that would be available
under § 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--0011220088--UUNNJJ DDooccuummeenntt 2300 FFiilleedd 0066//0245//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MICHAEL LERG, )
)
Petitioner, )
) No. 14-1208V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$125,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $125,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy 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.

CCaassee 11::1144--vvvv--0011220088--UUNNJJ DDooccuummeenntt 2300 FFiilleedd 0066//0245//1155 PPaaggee 24 ooff 24
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Attorney
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: June 4, 2015
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-01208-2
Date issued/filed: 2015-07-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/10/2015) regarding 24 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01208-UNJ Document 31 Filed 07/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1208V
Filed: June 10, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHAEL LERG, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Christine Becer, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On December 16, 2014, Michael Lerg 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 a shoulder injury which
was caused by the meningococcal vaccine he received on May 6, 2014. Petition at 1.
On June 4, 2015, I issued a decision awarding compensation to petitioner based on
respondent’s proffer.
On June 10, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
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-01208-UNJ Document 31 Filed 07/02/15 Page 2 of 2
award of $17,500.00 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 $17,500.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Maximillian Muller.
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