VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00037
Package ID: USCOURTS-cofc-1_15-vv-00037
Petitioner: Patricia Lynne Spilman
Filed: 2015-01-12
Decided: 2016-01-19
Vaccine: tetanus
Vaccination date: 2014-04-06
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA), including rotator cuff tear, tendinosis, and fluid collection
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
Patricia Lynne Spilman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2015, alleging that she sustained shoulder injuries, including a rotator cuff tear, tendinosis, and fluid collection, as a result of a tetanus vaccine she received on April 6, 2014. The case was assigned to the Special Processing Unit. On June 8, 2015, the respondent conceded that the petitioner was entitled to compensation, agreeing that her Shoulder Injury Related to Vaccine Administration (SIRVA) was more likely than not caused by the vaccination and that her injury lasted for more than six months. The respondent also agreed that petitioner satisfied all legal prerequisites for compensation. On November 16, 2015, a decision was issued finding petitioner entitled to compensation. Subsequently, on November 13, 2015, the respondent filed a proffer stating that petitioner should be awarded $67,500.00, representing compensation for all damages available under the Act. Petitioner agreed with this proffered award. On January 19, 2016, a decision was issued awarding Patricia Lynne Spilman a lump sum payment of $67,500.00. Later, on March 23, 2016, the parties stipulated to an award of $14,000.00 for attorneys' fees and costs, which was also granted by the court.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00037-0
Date issued/filed: 2016-01-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/16/2016) regarding 27 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00037-UNJ Document 39 Filed 01/19/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0037V
Filed: November 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA LYNNE SPILMAN, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus Vaccine; Shoulder Injury
* Related to Vaccine Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 12, 2015, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleges that she sustained shoulder injuries, including rotator
cuff tear, tendinosis, and fluid collection as a result of a tetanus vaccine she received on
April 6, 2014. Petition at 1, 3. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 9, 2015, a ruling on entitlement was issued finding petitioner entitled to
compensation. On November 13, 2015, respondent filed a proffer on award of
compensation [“Proffer”] stating that petitioner should be awarded $67,500.00. Proffer
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-00037-UNJ Document 39 Filed 01/19/16 Page 2 of 4
award. Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $67,500.00 in the form of a check payable to
petitioner, Patricia Lynne Spilman. 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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:15-vv-00037-UNJ Document 39 Filed 01/19/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
PATRICIA LYNNE SPILMAN, )
)
Petitioner, ) No. 15-37V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 8, 2015, respondent filed a Rule 4(c) Report conceding that petitioner was
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”). Respondent proffers that, based on the evidence of record, petitioner should be
awarded $67,500.00. This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner
agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $67,500.00 in the form of a check payable to petitioner, Patricia
Lynne Spilman. This amount accounts for all elements of compensation under 42 U.S.C.
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the Court for appropriate
relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and
future lost wages.

Case 1:15-vv-00037-UNJ Document 39 Filed 01/19/16 Page 4 of 4
§ 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: November 13, 2015 Fax: (202) 616-4310

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00037-1
Date issued/filed: 2016-03-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/23/2015) regarding 33 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00037-UNJ Document 40 Filed 03/23/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0037V
Filed: November 23, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA LYNNE SPILMAN, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On January 12, 2015, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleged that she sustained shoulder injuries, including rotator
cuff tear, tendinosis, and fluid collection as a result of a tetanus vaccine she received on
April 6, 2015. Petition at 1, 3. On November 16, 2015, the undersigned issued a
decision awarding compensation to petitioner based on respondent’s Proffer.
On November 20, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $14,000.00. 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, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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-00037-UNJ Document 40 Filed 03/23/16 Page 2 of 2
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $14,000.00,3 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Paul R. Brazil, of the law firm Muller Brazil, LLP.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00037-2
Date issued/filed: 2016-09-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/09/2015) regarding 13 Ruling on Entitlement ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00037-UNJ Document 41 Filed 09/26/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0037V
Filed: June 9, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA LYNNE SPILMAN, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Diphtheria, Tetanus, acellular Pertussis
* Vaccine (“DTaP”) Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Michael Milmoe, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On January 12, 2015, Patricia Lynne Spilman 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 alleges that she suffered shoulder
injuries which were caused in fact by the tetanus vaccine she received on April 6, 2015.
Petition at 1. Petitioner also alleges that her “[t]he symptoms from these shoulder
injuries continue to the present time.” Id., ¶ 10. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 8, 2015, respondent filed her Rule 4(c) report in which she concedes
that compensation should be awarded. Respondent’s Rule 4(c) Report at 1.
Specifically, respondent “agrees that petitioner’s SIRVA was more likely than not
caused by the April 6, 2014, DTaP vaccination.” Id. at 4. Furthermore, respondent
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 1:15-vv-00037-UNJ Document 41 Filed 09/26/16 Page 2 of 2
agrees that petitioner’s injury lasted for more than six months and “petitioner has
satisfied all legal prerequisites for compensation under the Act.” 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