VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00140
Package ID: USCOURTS-cofc-1_15-vv-00140
Petitioner: Virginia Ives
Filed: 2015-02-11
Decided: 2015-07-27
Vaccine: influenza
Vaccination date: 2013-09-23
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 77717

AI-assisted case summary:
Virginia Ives filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury caused by the influenza vaccine she received on September 23, 2013. She further alleged that her injuries lasted more than six months and that she continues to suffer residual effects. The respondent conceded that the injury was caused by the flu vaccine and that it lasted for more than six months, recommending that compensation be awarded. Based on the respondent's concession and the evidence, the Chief Special Master found Virginia Ives entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation, agreeing to a total award of $69,517.00, which included $68,000.00 for pain and suffering and $1,517.00 for unreimbursed medical expenses. This amount was awarded as a lump sum payment. The parties also stipulated to an award of $8,200.00 for attorneys' fees and costs, making the total compensation awarded $77,717.00.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00140-0
Date issued/filed: 2015-07-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2015) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00140-UNJ Document 25 Filed 07/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0140V
Filed: June 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIRGINIA IVES, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza or Flu Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Esq., Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Christine M. Becer, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On February 11, 2015, Virginia Ives 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
caused by the influenza vaccine she received on September 23, 2013. Petition at 1.
Petitioner also alleges that her injuries lasted more than six months and that she
continues to suffer the residual effects of her injury. Id., ¶ 18. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On June 15, 2015, respondent filed her Rule 4(c) report in which she
“recommends that compensation be awarded in this case.” Respondent’s Rule 4(c)
Report at 1. Specifically, respondent “has concluded that a preponderance of evidence
establishes that the injury to petitioner’s right shoulder was caused-in-fact by the
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-00140-UNJ Document 25 Filed 07/17/15 Page 2 of 2
administration of her September 24, 2013, flu vaccine, and that petitioner’s injury is not
due to factors unrelated to the administration of the flu vaccine.” Id. at 3. Furthermore,
respondent agrees that petitioner’s injury lasted for more than six months. 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-00140-1
Date issued/filed: 2015-07-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/25/2015) 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-00140-UNJ Document 26 Filed 07/27/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-140V
Filed: June 25, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIRGINIA IVES, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza or Flu Vaccine;
* Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration [“SIRVA”];
AND HUMAN SERVICES, * Special Processing Unit [“SPU”]
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Esq., Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Christine M. Becer, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On February 11, 2015, Virginia Ives 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
caused by the influenza vaccine she received on September 23, 2013. Petition at 1.
Petitioner also alleges that her injuries lasted more than six months and that she
continues to suffer the residual effects of her injury. Id., ¶ 18. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On June 16, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for her shoulder injury related to vaccine administration [“SIRVA”]. On
June 23, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating petitioner should be awarded $69,517.00 which “represents all elements of
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-00140-UNJ Document 26 Filed 07/27/15 Page 2 of 4
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).”
Proffer at 1.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $69,517.00 in the form of a check payable to petitioner, Virginia
Ives. 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
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

CCaassee 11::1155--vvvv--0000114400--UUNNJJ DDooccuummeenntt 1266 FFiilleedd 0067//2237//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
VIRGINIA IVES, )
)
Petitioner, )
) No. 15-140V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
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
$68,000.00 for pain and suffering and $1,517.00 for unreimbursed medical expenses, 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 $69,517.00 in the form of a check payable to petitioner.
Petitioner agrees.
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.

CCaassee 11::1155--vvvv--0000114400--UUNNJJ DDooccuummeenntt 1266 FFiilleedd 0067//2237//1155 PPaaggee 24 ooff 24
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
LINDA RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: June 23, 2015
2

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00140-2
Date issued/filed: 2015-07-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/30/2015) regarding 20 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00140-UNJ Document 27 Filed 07/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-140V
Filed: June 30, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIRGINIA IVES, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Esq., Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Christine M. Becer, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On February 11, 2015, Virginia Ives 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
caused by the influenza vaccine she received on September 23, 2013. Petition at 1.
On June 25, 2015, I issued a decision awarding compensation to petitioner based on
respondent’s proffer.
On June 29, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
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-00140-UNJ Document 27 Filed 07/27/15 Page 2 of 2
award of $8,200.00 in attorneys’ fees and costs. 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.
Accordingly, I award the total $8,200.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Jeffrey S. Pop.
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