VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00049
Package ID: USCOURTS-cofc-1_15-vv-00049
Petitioner: Violet Wilson
Filed: 2015-04-08
Decided: 2015-05-28
Vaccine: Tdap
Vaccination date: 2014-07-01
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Violet Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program on April 8, 2015, alleging that a Tetanus, Diphtheria, acellular Pertussis (Tdap) vaccination on July 1, 2014, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the evidence established petitioner's injury was consistent with SIRVA and not due to unrelated factors. On April 8, 2015, the Chief Special Master issued a ruling on entitlement, finding Violet Wilson entitled to compensation. Subsequently, on May 7, 2015, the respondent filed a proffer on award of compensation, which petitioner agreed to. The court awarded Violet Wilson a lump sum payment of $80,000.00 for all damages. Additionally, on May 15, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $15,000.00, 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-00049-0
Date issued/filed: 2015-05-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/08/2015) regarding 14 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00049-UNJ Document 16 Filed 05/01/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-049V
Filed: April 8, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIOLET WILSON, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus, Diphtheria, acellular Pertussis
v. * (“Tdap”); Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Vowell, Chief Special Master:
On January 20, 2015, Violet Wilson 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 alleges that as a result of a Tetanus,
Diphtheria, acellular Pertussis (“Tdap”) vaccination on July 1, 2014, petitioner suffered a
“shoulder injury related to vaccine administration.” Petition at ¶10. The case was
assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On April 7, 2015, respondent filed her Rule 4(c) Report [“Respondent’s Report”],
in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at 3. Specifically, respondent submits “that a preponderance of
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted 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-00049-UNJ Document 16 Filed 05/01/15 Page 2 of 2
the evidence establishes that petitioner’s injury is consistent with a shoulder injury
related to vaccine administration (“SIRVA”), and that petitioner’s injury is not due to
factors unrelated to her July 1, 2014, Tdap vaccination.” 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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00049-1
Date issued/filed: 2015-05-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/07/2015) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00049-UNJ Document 26 Filed 05/28/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-049V
Filed: May 7, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIOLET WILSON, *
*
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus, Diphtheria, acellular Pertussis
v. * (“Tdap”); Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES
1
Vowell, Chief Special Master:
On January 20, 2015, Violet Wilson 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 alleges that as a result of a Tetanus,
Diphtheria, acellular Pertussis (“Tdap”) vaccination on July 1, 2014, petitioner suffered a
“shoulder injury related to vaccine administration.” Petition at ¶10. The case was
assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On April 8, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation. On May 7, 2015, respondent filed a proffer on award of compensation
(“Proffer”) detailing compensation for all elements of compensation to which petitioner
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, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with
Vaccine Rule 18(b), petitioners have 14 days to identify and move to delete 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 delete 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-00049-UNJ Document 26 Filed 05/28/15 Page 2 of 4
would be entitled under §15(a). According to respondent’s Proffer, petitioner agrees to
the proposed award of compensation.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $80,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available
under §15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
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

Case 1:15-vv-00049-UNJ Document 26 Filed 05/28/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
VIOLET WILSON, )
)
Petitioner, )
) No. 15-49V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND ) SPU
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
$80,000.00, 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 $80,000.00 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.

Case 1:15-vv-00049-UNJ Document 26 Filed 05/28/15 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/ Justine Walters
JUSTINE WALTERS
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) 307-6393
DATE: May 7, 2015
2

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00049-2
Date issued/filed: 2015-06-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/18/2015) regarding 23 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00049-UNJ Document 27 Filed 06/08/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-049V
Filed: May 18, 2015
(Unpublished)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIOLET WILSON, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation;
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION ON ATTORNEY FEES AND COSTS
Vowell, Chief Special Master:
On January 20, 2015, Violet Wilson 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 as a result of a Tetanus, Diphtheria,
acellular Pertussis (“Tdap”) vaccination on July 1, 2014, she suffered a “shoulder injury
related to vaccine administration.” Petition at ¶10. On April 8, 2015, I issued a ruling on
entitlement, finding petitioner entitled to compensation. On May 7, 2015, I issued a
decision awarding compensation to petitioner based on a proffer.
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 1:15-vv-00049-UNJ Document 27 Filed 06/08/15 Page 2 of 2
On May 15, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties agree upon an award of
$15,000.00. 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.
3
Accordingly, I award the total of $15,000.00 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Andrew D. Downing.
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