VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01230
Package ID: USCOURTS-cofc-1_14-vv-01230
Petitioner: Alexis Depalmo
Filed: 2014-12-22
Decided: 2015-06-25
Vaccine: Tdap
Vaccination date: 2014-03-30
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 94500

AI-assisted case summary:
Alexis Depalmo filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2014, alleging that she suffered "left shoulder injuries" caused by the tetanus, diphtheria, accellular-pertussis (Tdap) vaccine she received on March 30, 2014. The respondent denied that the vaccination caused petitioner's injuries or any injury. The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests, or treatments. The parties subsequently filed a joint stipulation to settle the case. As part of the stipulation, the respondent agreed to pay the petitioner a lump sum of $80,000.00 for all damages. Following this, the parties filed a separate stipulation for attorneys' fees and costs. In this stipulation, they agreed to an award of $14,500.00 for attorneys' fees and costs. Chief Special Master Denise Kathryn Vowell adopted both stipulations. The total award to the petitioner was $94,500.00, consisting of the $80,000.00 lump sum for damages and $14,500.00 for attorneys' fees and costs. The decision was issued on June 25, 2015. Petitioner was represented by Paul Brazil, Esq., and respondent was represented by Christine Becer, Esq.

Theory of causation field:
Petitioner Alexis Depalmo alleged left shoulder injuries caused by the Tdap vaccine received on March 30, 2014. Respondent denied causation. The parties reached a settlement via joint stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved through a stipulation for damages, with respondent agreeing to pay $80,000.00. A separate stipulation addressed attorneys' fees and costs, agreeing to an award of $14,500.00. Chief Special Master Denise Kathryn Vowell adopted the stipulations, awarding a total of $94,500.00. The decision was issued on June 25, 2015. Petitioner was represented by Paul Brazil, Esq., and respondent by Christine Becer, Esq. The underlying theory of causation is presumed to fall under the Vaccine Injury Table, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as indicated by the case processing unit designation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01230-0
Date issued/filed: 2015-06-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/28/2015) regarding 19 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.) (mpj) Copy to parties.
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Case 1:14-vv-01230-UNJ Document 26 Filed 06/18/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1230V
Filed: May 28, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALEXIS DEPALMO, *
*
Petitioner, * Joint Stipulation on Damages; Tetanus
* Diphtheria, accellular-Pertussis Vaccine
* (“Tdap”); Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (“SIRVA”)
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, 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 22, 2014, Alexis Depalmo 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 she suffered “left shoulder injuries”
caused by the diphtheria, pertussis, tetanus (“DPT”)3 vaccine she received on March
30, 2014. Petition at 1; see also Stipulation, filed May 28, 2015, ¶¶ 1-2, 4. Petitioner
further alleged that she experienced the residual effects of her injuries for more than six
months, has filed no other action for this injury, and has received no prior award or
settlement. Petition, ¶¶ 9-11; Stipulation, ¶ 5. Respondent denies that the vaccination
caused petitioner’s injuries “or any 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).
3 The medical records indicate petitioner received the tetanus, diphtheria, accellular-pertussis (“Tdap”)
vaccine. See, e.g., Petitioner’s Exhibit 1, p. 16.

Case 1:14-vv-01230-UNJ Document 26 Filed 06/18/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
May 28, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $80,000.00 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.4
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
4 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

CCaassee 11::1144--vvvv--0011223300--UUNNJJ DDooccuummeenntt 1286 FFiilleedd 0056//2188//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0011223300--UUNNJJ DDooccuummeenntt 1286 FFiilleedd 0056//2188//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0011223300--UUNNJJ DDooccuummeenntt 1286 FFiilleedd 0056//2188//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0011223300--UUNNJJ DDooccuummeenntt 1286 FFiilleedd 0056//2188//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0011223300--UUNNJJ DDooccuummeenntt 1286 FFiilleedd 0056//2188//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-01230-1
Date issued/filed: 2015-06-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/01/2015) regarding 22 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01230-UNJ Document 27 Filed 06/25/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1230V
Filed: June 1, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALEXIS DEPALMO, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, 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 22, 2014, Alexis Depalmo 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 she suffered “left shoulder injuries”
caused by the diphtheria, pertussis, tetanus (“DPT”)3 vaccine she received on March
30, 2014. Petition at 1. On May 28, 2015, I issued a decision awarding compensation
to petitioner based on the parties’ stipulation.
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).
3 The medical records indicate petitioner received the tetanus, diphtheria, accellular-pertussis (“Tdap”)
vaccine. See, e.g., Petitioner’s Exhibit 1, p. 16.

Case 1:14-vv-01230-UNJ Document 27 Filed 06/25/15 Page 2 of 2
On April 28, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $14,500.00 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 $14,500.004 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Paul Brazil.
The clerk of the court shall enter judgment in accordance herewith.5
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
4 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).
5 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