VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00131
Package ID: USCOURTS-cofc-1_15-vv-00131
Petitioner: Joanne Jennings
Filed: 2015-02-09
Decided: 2015-09-30
Vaccine: influenza
Vaccination date: 2013-10-12
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 111390

AI-assisted case summary:
Joanne Jennings filed a petition for compensation under the National Vaccine Injury Compensation Program on February 9, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 12, 2013. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused petitioner's left shoulder injury, any other injury, or her current disabilities. Despite the denial, the parties reached a settlement. On September 4, 2015, they filed a joint stipulation agreeing to settle the case. The respondent agreed to pay Joanne Jennings a lump sum of $111,390.20 as compensation for all damages. This amount was to be paid in the form of a check payable to Joanne Jennings. Special Master Denise Kathryn Vowell adopted the parties' stipulation. Separately, on August 20, 2015, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to an award of $15,300.00. Petitioner had indicated that she did not incur any out-of-pocket expenses. Special Master Vowell found the proposed amount for attorney's fees and costs to be reasonable and awarded the total of $15,300.00 as a lump sum in the form of a check jointly payable to petitioner Joanne Jennings and her counsel, Paul R. Brazil. The decision awarding damages was issued on September 30, 2015, and the decision on attorney fees and costs was also issued on September 30, 2015. Paul R. Brazil of Muller Brazil, LLP, represented the petitioner, and Linda S. Renzi of the US Department of Justice represented the respondent.

Theory of causation field:
Petitioner Joanne Jennings alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 12, 2013. The respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on September 4, 2015. The settlement included a lump sum award of $111,390.20 for all damages, payable to the petitioner. A separate stipulation for attorney's fees and costs was filed on August 20, 2015, agreeing to an award of $15,300.00, payable jointly to the petitioner and her counsel. Special Master Denise Kathryn Vowell adopted both stipulations. The public decision does not detail the specific medical theory of causation, expert testimony, or the mechanism of injury, as the case was resolved by stipulation. The theory of causation is based on the "Table" category of SIRVA, as indicated by the case outcome and the nature of the alleged injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00131-0
Date issued/filed: 2015-09-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/04/2015) regarding 16 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00131-UNJ Document 25 Filed 09/30/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-131V
Filed: September 4, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOANNE JENNINGS, *
*
Petitioner, *
v. * Joint Stipulation on Damages;
* Influenza Vaccine or Flu Vaccine;
SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, * Administration (“SIRVA”); Special
* Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Linda S. Renzi, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Special Master:
On February 9, 2015, Joanne Jennings 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 a shoulder injury
related to vaccine administration resulting from the influenza vaccine he received on
October 12, 2013. Petition, ¶¶ 1, 4; see also Stipulation, filed Sept. 4, 2015, ¶¶ 2, 4.
Respondent denies that the influenza vaccination caused petitioner’s left shoulder
injury, any other injury, or her current disabilities. Stipulation, ¶ 6.
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
September 4, 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 (2006).

Case 1:15-vv-00131-UNJ Document 25 Filed 09/30/15 Page 2 of 7
Respondent agrees to pay petitioner a lump sum of $111,390.20 in the form of a
check payable to petitioner, Joanne Jennings. 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.3
s/Denise K. Vowell
Denise K. Vowell
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

CCaassee 11::1155--vvvv--0000113311--UUNNJJ DDooccuummeenntt 1255 FFiilleedd 0099//0340//1155 PPaaggee 13 ooff 57

CCaassee 11::1155--vvvv--0000113311--UUNNJJ DDooccuummeenntt 1255 FFiilleedd 0099//0340//1155 PPaaggee 24 ooff 57

CCaassee 11::1155--vvvv--0000113311--UUNNJJ DDooccuummeenntt 1255 FFiilleedd 0099//0340//1155 PPaaggee 35 ooff 57

CCaassee 11::1155--vvvv--0000113311--UUNNJJ DDooccuummeenntt 1255 FFiilleedd 0099//0340//1155 PPaaggee 46 ooff 57

CCaassee 11::1155--vvvv--0000113311--UUNNJJ DDooccuummeenntt 1255 FFiilleedd 0099//0340//1155 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00131-1
Date issued/filed: 2015-09-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/04/2015) regarding 17 DECISION Fees Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00131-UNJ Document 26 Filed 09/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-131V
Filed: September 4, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOANNE JENNINGS, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Linda S. Renzi, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Special Master:
On February 9, 2015, Joanne Jennings 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 a shoulder injury
related to vaccine administration resulting from the influenza vaccine he received on
October 12, 2013. Petition, ¶¶ 1, 4. On September 4, 2015, I issued a decision
awarding compensation to petitioner based on the parties’ stipulation.
On August 20, 2015, the parties had filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $15,300.00 for attorney’s fees and costs. In compliance with General Order
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-00131-UNJ Document 26 Filed 09/30/15 Page 2 of 2
#9, petitioner filed a statement indicating did not incur any out-of-pocket expenses.
Stipulation, ¶ 4.
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 of $15,300.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Paul R. Brazil.
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
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).
2