VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00019
Package ID: USCOURTS-cofc-1_15-vv-00019
Petitioner: Erica VanCleave
Filed: 2015-01-08
Decided: 2015-08-26
Vaccine: influenza
Vaccination date: 2013-11-11
Condition: infection, sepsis, and resulting neurological injuries in her shoulder and arm
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Erica VanCleave filed a petition on January 8, 2015, alleging that she suffered infection, sepsis, and resulting neurological injuries in her shoulder and arm after receiving an influenza vaccine on November 11, 2013. She further alleged that she experienced residual effects for more than six months. The respondent denied that the flu vaccine caused her alleged injuries. Despite the denial, the parties reached a settlement. On July 28, 2015, they filed a joint stipulation agreeing to settle the case. The respondent agreed to pay Ms. VanCleave a lump sum of $30,000.00 as compensation for all damages. On August 26, 2015, the Chief Special Master issued a decision awarding this amount based on the stipulation. Separately, on August 13, 2015, the parties stipulated to an award of $12,000.00 for attorneys' fees and costs, which was also approved by the Chief Special Master on September 4, 2015. The total compensation awarded was $42,000.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00019-0
Date issued/filed: 2015-08-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/29/2015) regarding 17 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00019-UNJ Document 25 Filed 08/26/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0019V
Filed: July 29, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ERICA VANCLEAVE, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“flu”) Vaccine; Infection,
* Sepsis, and Resulting Neurological
SECRETARY OF HEALTH * Injuries in Shoulder and Arm;
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, Dallas, TX, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON JOINT STIPULATION
Vowell, Chief Special Master:
On January 8, 2015, Erica VanCleave 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”]. Ms. VanCleave alleges that she suffered infection, sepsis,
and resulting neurological injuries in her shoulder and arm resulting from the influenza
(“flu”) vaccine she received on November 11, 2013. Petition at 1; Stipulation, filed July
28, 2015, at ¶¶ 2, 4. Petitioner further alleges that she experienced the residual effects
of this condition for more than six months. Petition at 4; Stipulation at ¶ 4. Respondent
denies that the flu vaccine caused petitioner’s alleged shoulder injury or any other injury
or condition. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. Stipulation at ¶ 7. On
July 28, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
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 (2012).

Case 1:15-vv-00019-UNJ Document 25 Filed 08/26/15 Page 2 of 7
Respondent agrees to pay petitioner a lump sum of $30,000.00 in the form of a
check payable to petitioner. Stipulation at ¶ 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 1:15-vv-00019-UNJ Document 25 Filed 08/26/15 Page 3 of 7

Case 1:15-vv-00019-UNJ Document 25 Filed 08/26/15 Page 4 of 7

Case 1:15-vv-00019-UNJ Document 25 Filed 08/26/15 Page 5 of 7

Case 1:15-vv-00019-UNJ Document 25 Filed 08/26/15 Page 6 of 7

Case 1:15-vv-00019-UNJ Document 25 Filed 08/26/15 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00019-1
Date issued/filed: 2015-09-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/14/2015) regarding 22 DECISION Fees Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00019-UNJ Document 26 Filed 09/04/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0019V
Filed: August 14, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ERICA VANCLEAVE, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, Dallas, TX, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON ATTORNEY FEES AND COSTS
Vowell, Chief Special Master:
On January 8, 2015, Erica VanCleave 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 alleged that she suffered infection, sepsis,
and resulting neurological injuries in her shoulder and arm resulting from the influenza
(“flu”) vaccine she received on November 11, 2013. On July 29, 2015, I issued a
decision awarding compensation to petitioner based on a joint stipulation.
On August 13, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties agree upon an award of
$12,000.00 in attorneys’ fees and costs. 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 1:15-vv-00019-UNJ Document 26 Filed 09/04/15 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.
3
Accordingly, I award the total of $12,000.00 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel John R. Howie, Jr.
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