VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00346
Package ID: USCOURTS-cofc-1_15-vv-00346
Petitioner: Paula Kwon
Filed: 2015-12-10
Decided: 2016-05-02
Vaccine: influenza
Vaccination date: 2013-10-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 67000

AI-assisted case summary:
Paula Kwon filed a petition for compensation under the National Vaccine Injury Compensation Program on April 3, 2015, alleging that she suffered a shoulder injury caused in fact by an influenza vaccination she received on October 5, 2013. Ms. Kwon stated that she received the vaccination in the United States, experienced residual effects for more than six months, and had not previously received compensation for vaccine-related injuries. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused petitioner's shoulder injury or any other injury. Despite the denial, the parties filed a joint stipulation for damages and attorneys' fees and costs. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision. Petitioner was awarded a lump sum of $50,000.00 for all items of damages. Additionally, a separate stipulation addressed attorneys' fees and costs. On December 30, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $17,000.00. Chief Special Master Dorsey granted this request, awarding the total amount as a lump sum check jointly payable to petitioner Paula Kwon and her counsel, Maximillian Muller. The total award for Ms. Kwon was $67,000.00 ($50,000.00 for damages and $17,000.00 for attorneys' fees and costs). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Paula Kwon alleged that an influenza vaccination received on October 5, 2013, caused in fact her shoulder injury. The respondent denied causation. The parties filed a joint stipulation for damages and attorneys' fees and costs. The Special Master adopted the stipulation, awarding $50,000.00 for damages and $17,000.00 for attorneys' fees and costs, totaling $67,000.00. The theory of causation was based on the "Table" category, indicating a condition listed in the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings supporting the alleged causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00346-0
Date issued/filed: 2016-04-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/10/2015) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00346-UNJ Document 33 Filed 04/27/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0346V
Filed: December 10, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAULA KWON, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 3, 2015, Paula Kwon (“petitioner”) 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 which was caused in fact by” the influenza vaccination she received on October 5,
2013. Petition at 1; see also Stipulation (“Stip.”), filed Dec. 10, 2015, ¶¶ 1-2, 4.
Petitioner further alleges that she received the vaccination in the United States,
experienced the residual effects of her injury for more than six months, and has never
received compensation for her vaccine related injuries. Pet. at ¶¶ 3, 12, 15; see also
Stip., ¶ 3, 5. Respondent denies that the influenza vaccination “caused petitioner’s
shoulder injury or any other injury or her current condition.” Stip., ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:15-vv-00346-UNJ Document 33 Filed 04/27/16 Page 2 of 7
Nevertheless, on December 10, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $50,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
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
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.

CCaassee 11::1155--vvvv--0000334466--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 1024//0297//1156 PPaaggee 13 ooff 57

CCaassee 11::1155--vvvv--0000334466--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 1024//0297//1156 PPaaggee 24 ooff 57

CCaassee 11::1155--vvvv--0000334466--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 1024//0297//1156 PPaaggee 35 ooff 57

CCaassee 11::1155--vvvv--0000334466--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 1024//0297//1156 PPaaggee 46 ooff 57

CCaassee 11::1155--vvvv--0000334466--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 1024//0297//1156 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00346-1
Date issued/filed: 2016-05-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/30/2015) regarding 30 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00346-UNJ Document 34 Filed 05/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0346V
Filed: December 30, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAULA KWON, *
*
Petitioner, *
v. * Attorneys’ Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On April 3, 2015, petitioner 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 she suffered a shoulder injury caused in fact
by an influenza vaccine she received on October 5, 2013. On December 10, 2015, the
undersigned issued a decision awarding compensation to petitioner based on a joint
stipulation.
On December 30, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $17,000.00 for attorneys’ 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 (2012).

Case 1:15-vv-00346-UNJ Document 34 Filed 05/02/16 Page 2 of 2
#9, petitioner’s counsel represented that petitioner incurred no out-of-pocket expenses
in this case.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, I award the total of $17,000.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Maximillian Muller.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 the filing of a joint notice renouncing the right to seek review.
See Vaccine Rule 11(a).