VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00141
Package ID: USCOURTS-cofc-1_15-vv-00141
Petitioner: Bridgette Wiley
Filed: 2015-02-11
Decided: 2015-09-30
Vaccine: influenza
Vaccination date: 2012-11-21
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 149500

AI-assisted case summary:
Bridgette Wiley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered an adverse reaction to the influenza vaccine she received on November 21, 2012. She claimed this resulted in severe pain and necessitated several surgeries. The respondent conceded that the injury to Ms. Wiley's right shoulder was caused-in-fact by the flu vaccine and that the injury lasted for more than six months. Based on this concession and the evidence, the Chief Special Master found Ms. Wiley entitled to compensation. Subsequently, the parties submitted a proffer for the award of compensation. The respondent proposed an award of $135,000.00 for pain and suffering and $1,168.18 to satisfy a Georgia Medicaid lien. The court awarded a total of $136,168.18. Later, the parties filed a stipulation for attorney's fees and costs, agreeing to an award of $13,330.19. This amount was awarded as a lump sum payable jointly to Ms. Wiley and her attorney.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00141-0
Date issued/filed: 2015-07-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2015) regarding 12 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00141-UNJ Document 14 Filed 07/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0141V
Filed: June 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRIDGETTE WILEY, *
*
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, Bridgette Wiley 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 an adverse reaction to
the influenza vaccine she received on November 21, 2012 resulting in severe pain and
several surgeries. Petition, ¶¶ 4, 39. 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
administration of her November 21, 2012, flu vaccine, and that petitioner’s injury is not
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-00141-UNJ Document 14 Filed 07/17/15 Page 2 of 2
due to factors unrelated to the administration of the flu vaccine.” Id. at 3-4.
Furthermore, respondent agrees that petitioner’s injury lasted for more than six months.
Id. at 4.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00141-1
Date issued/filed: 2015-08-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/23/2015) regarding 16 DECISION Stipulation/Proffer (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00141-UNJ Document 20 Filed 08/26/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-141V
Filed: July 23, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRIDGETTE WILEY, *
*
Petitioner, * Damages Decision Based on Proffer;
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.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On February 11, 2015, Bridgette Wiley 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 an adverse reaction to
the influenza vaccine she received on November 21, 2012 resulting in severe pain and
several surgeries. Petition, ¶¶ 4, 39. 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
July 23, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating
petitioner should be awarded $135,000.00 for her actual and projected pain and
suffering and $1,168.18 to satisfy the State of Georgia Medicaid lien. Proffer at 1.
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-00141-UNJ Document 20 Filed 08/26/15 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award petitioner a
payment of $136,168.18 as follows:
a. a lump sum payment of $135,000.00 in the form of a check payable solely to
petitioner, Bridgette Wiley;
b. a lump sum payment of $1,168.18 in the form of a check payable jointly to
petitioner, Bridgette Wiley and Georgia Medicaid:
Georgia Department of Community Health
900 Circle 75 Parkway
Suite 650
Atlanta, GA 30339
representing compensation for satisfaction of the State of Georgia Medicaid lien.3
These amounts represent 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.4
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Petitioner agrees to endorse this payment to Georgia Medicaid.
4 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--0000114411--UUNNJJ DDooccuummeenntt 1250 FFiilleedd 0078//2236//1155 PPaaggee 13 ooff 35
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
BRIDGETTE WILEY, )
)
Petitioner, )
) No. 15-141V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
Respondent hereby submits the following proffer for the award on compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Petitioner should be awarded a lump sum of $135,000.00 for
Petitioner’s actual and projected pain and suffering as provided under the Vaccine Act, 42 U.S.C.
§ 300aa-15(a)(4).1 Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Georgia Medicaid lien in the amount of $1,168.18, which represents full satisfaction of any right
of subrogation, assignment, claim, lien, or cause of action the State of Georgia may have against
any individual as a result of any Medicaid payments the State of Georgia has made to or on
behalf of petitioner from the date of her eligibility for benefits through the date of judgment in
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--0000114411--UUNNJJ DDooccuummeenntt 1250 FFiilleedd 0078//2236//1155 PPaaggee 24 ooff 35
this case as a result of her vaccine-related injury suffered on or about November 21, 2012, under
Title XIX of the Social Security Act.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $135,000.00 in the form of a check payable to petitioner. In
addition, a lump sum payment should be made of $1,168.18, representing compensation for
satisfaction of the State of Georgia Medicaid lien, payable jointly to petitioner and Georgia
Medicaid:
Georgia Department of Community Health
900 Circle 75 Parkway
Suite 650
Atlanta, GA 30339
Petitioner agrees to endorse this payment to Georgia Medicaid.
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
2

CCaassee 11::1155--vvvv--0000114411--UUNNJJ DDooccuummeenntt 1250 FFiilleedd 0078//2236//1155 PPaaggee 35 ooff 35
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
Date: July 23, 2015
3

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00141-2
Date issued/filed: 2015-09-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/02/2015) regarding 22 DECISION Fees Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00141-UNJ Document 25 Filed 09/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-141V
Filed: September 2, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRIDGETTE WILEY, *
*
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, Special Master:
On February 11, 2015, Bridgette Wiley 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 an adverse reaction to
the influenza vaccine she received on November 21, 2012 resulting in severe pain and
several surgeries. Petition, ¶¶ 4, 39. On July 23, 2015, I issued a decision awarding
compensation to petitioner based on the respondent’s 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-00141-UNJ Document 25 Filed 09/30/15 Page 2 of 2
On September 2, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties agree upon an
award of $13,330.19 for attorney’s 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 $13,330.193 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Jeffrey S. Pop.
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