VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00093
Package ID: USCOURTS-cofc-1_15-vv-00093
Petitioner: Colleen Dotson
Filed: 2015-01-29
Decided: 2015-11-03
Vaccine: influenza
Vaccination date: 2012-10-24
Condition: shoulder injury including adhesive capsulitis and bursitis
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Colleen Dotson filed a petition for compensation on January 29, 2015, alleging injury from an influenza vaccine she received on October 24, 2012. She claimed the vaccine caused a shoulder injury, specifically adhesive capsulitis and bursitis, with residual effects lasting over six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated her condition. Despite the denial, the parties reached a stipulation for damages. The court awarded Colleen Dotson a lump sum of $75,000.00 as compensation for all damages available under the program. Separately, the court also awarded $14,000.00 for attorneys' fees and costs, an amount to which the respondent did not object. The decision on fees and costs was issued on November 3, 2015, the same date as the stipulation awarding damages. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. No specific medical experts were named in the public decision. The specific mechanism of injury was not detailed in the public decision.

Theory of causation field:
Petitioner Colleen Dotson alleged that an influenza vaccine received on October 24, 2012, caused a shoulder injury, including adhesive capsulitis and bursitis, with residual effects lasting over six months. Respondent denied causation. The parties reached a stipulation for damages, resulting in an award of $75,000.00 for all damages. Attorneys' fees and costs of $14,000.00 were also awarded. Special Master Christian J. Moran issued the decisions on November 3, 2015. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The case was resolved via stipulation, not through litigation of the causation theory.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00093-0
Date issued/filed: 2015-11-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/8/2015) regarding 21 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:15-vv-00093-UNJ Document 30 Filed 11/03/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
COLLEEN DOTSON, *
* No. 15-0093V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: October 8, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which respondent
* does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner;
Heather Pearlman, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
Petitioner, Colleen Dotson, filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter on October 6, 2015.
Previously, Ms. Dotson informally submitted a draft application for attorneys’ fees
and costs to respondent for review. Upon review of petitioner’s application,
respondent raised objections to certain items. Based on subsequent discussions,
petitioner amended her application to request $14,000.00, an amount to which
respondent does not object. The Court awards this amount.
Ms. Dotson filed for compensation on January 29, 2015, alleging that she
was injured by the influenza (“flu”) vaccine she received on October 24, 2012. On
July 29, 2015, the undersigned issued a 15-week order that should, in the expected
course, lead to a decision in which Ms. Dotson will receive compensation.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this ruling on its website. Pursuant to Vaccine Rule 18(b), the
parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:15-vv-00093-UNJ Document 30 Filed 11/03/15 Page 2 of 2
Even though compensation has not been decided formally, a petitioner who
brings her petition in good faith and who has a reasonable basis for the petition
may be awarded attorneys’ fees and costs. See 42 U.S.C. § 300aa–15(e)(1). Here,
the anticipation of a decision pursuant to a 15-week order evidences these criteria.
In addition, respondent does not contend that petitioner failed to satisfy these
criteria.
Petitioner seeks a total of $14,000.00 in attorneys’ fees and costs for her
counsel. In compliance with General Order No. 9, petitioner’s counsel represents
that petitioner has incurred no out-of-pocket expenses in the proceedings on the
petition. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
A lump sum of $14,000.00, in the form of a check made payable to
petitioner and petitioner’s attorney, Maximillian Muller, of Muller
Brazil, LLP, for attorneys’ fees and other litigation costs available
under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00093-1
Date issued/filed: 2015-11-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/16/2015) regarding 25 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:15-vv-00093-UNJ Document 31 Filed 11/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * *
COLLEEN DOTSON, * No. 15-93V
* Special Master Christian J. Moran
Petitioner, *
*
v. *
* Filed: October 16, 2015
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza vaccine;
* shoulder; adhesive capsulitis; bursitis.
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for Petitioner;
Heather L. Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On October 13, 2015, the parties filed a joint stipulation concerning the
petition for compensation filed by Colleen Dotson on January 29, 2015. In her
petition, petitioner alleged that the influenza vaccine she received on or about
October 24, 2012 caused her to suffer a shoulder injury including adhesive
capsulitis and bursitis, with residual effects lasting more than six months.
Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of his condition.
Respondent denies that any of the vaccines that petitioner received either
caused or significantly aggravated petitioner’s shoulder injuries or any other injury
or condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:15-vv-00093-UNJ Document 31 Filed 11/03/15 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $75,000.00 in the form of a check payable to
petitioner, Colleen Dotson. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-93V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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