VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00349
Package ID: USCOURTS-cofc-1_15-vv-00349
Petitioner: Arika Browne
Filed: 2015-04-07
Decided: 2016-09-20
Vaccine: influenza
Vaccination date: 2014-09-15
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 146445

AI-assisted case summary:
Arika Browne filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury as a result of receiving an influenza vaccine on September 15, 2014. The case was assigned to the Special Processing Unit. On August 20, 2015, the respondent conceded that petitioner was entitled to compensation, finding that she suffered a SIRVA injury causally related to the vaccination and that the condition persisted for more than six months. Based on this concession, entitlement was granted. Subsequently, on October 5, 2015, the respondent filed a proffer for an award of compensation. The parties agreed to an award of $37,000.00 for lost earnings, $85,000.00 for pain and suffering, and $4,000.00 for past unreimbursable expenses, totaling $126,000.00. This decision awarded that lump sum. Later, on November 9, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $20,445.32. This award was granted, making the total compensation $146,445.32.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00349-0
Date issued/filed: 2016-09-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/05/2015) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00349-UNJ Document 35 Filed 09/20/16 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-349V
Filed: October 5, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ARIKA BROWNE, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza; Shoulder Injury (“SIRVA”)
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 7, 2015, Arika Browne 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 left shoulder injury as
a result of the administration of an influenza vaccine. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 20, 2015, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a Shoulder Injury Related to Vaccine Administration (“SIRVA”). On
October 5, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating petitioner should be awarded $37,000.00 for lost earnings, $85,000.00 for
actual and projected pain and suffering, and $4,000.00 for past unreimbursable
expenses, amounting to a total award of $126,000.00. Proffer at 1-2.
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 (2012).

Case 1:15-vv-00349-UNJ Document 35 Filed 09/20/16 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $126,000.00 in the form of a check payable to petitioner, Arika
Browne. 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/Nora Beth Dorsey
Nora Beth Dorsey
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.

Case 1:15-vv-00349-UNJ Document 35 Filed 09/20/16 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
ARIKA BROWNE, )
)
Petitioner, )
) No. 15-349V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for projected unreimbursable medical care expenses incurred from the date of judgment as
provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, Arika Browne has suffered a
past loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers that
the Court should award Arika Browne a lump sum of $37,000.00 for her lost earnings as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that the Court should award Arika Browne a lump sum of
$85,000.00 for her actual and projected pain and suffering. This amount reflects that the award
1

Case 1:15-vv-00349-UNJ Document 35 Filed 09/20/16 Page 4 of 5
for projected pain and suffering has been reduced to net present value. See § 300aa-15(a)(4).
Petitioner agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Arika Browne’s expenditure of past
unreimubursable expenses as a result of her vaccine-related injury. Respondent proffers that the
Court should award Arika Browne a lump sum of $4,000.00 for past unreimbursable expenses as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to her vaccine-
related injury.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below and request that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $126,000.00,
representing compensation for lost earnings ($37,000.00), pain and suffering ($85,000.00), and
past unreimbursable expenses ($4,000.00), in the form of a check payable to petitioner, Arika
Browne.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $126,000.00
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 pain and
suffering.
2

Case 1:15-vv-00349-UNJ Document 35 Filed 09/20/16 Page 5 of 5
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
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Fax: (202) 616-4138
Dated: October 5, 2015
3

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00349-1
Date issued/filed: 2016-09-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/09/2015) regarding 32 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00349-UNJ Document 36 Filed 09/21/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-349V
Filed: November 9, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ARIKA BROWNE, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On April 7, 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”]. Petitioner alleged that she suffered a shoulder injury as a result of the
administration of an influenza vaccine. On October 5, 2015, the undersigned issued a
decision awarding compensation to petitioner based on respondent’s proffer.
On November 9, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $20,445.32. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred no out-of-pocket expenses.
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-00349-UNJ Document 36 Filed 09/21/16 Page 2 of 2
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, the undersigned awards the total of $20,445.323 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Andrew D. Downing.
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 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.

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00349-2
Date issued/filed: 2016-09-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/20/2015) regarding 21 Ruling on Entitlement (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00349-UNJ Document 37 Filed 09/22/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-349V
Filed: August 20, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ARIKA BROWNE, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza; Shoulder Injury (“SIRVA”)
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On April 7, 2015, Arika Browne 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 left shoulder injury as
a result of the administration of an influenza vaccine. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 20, 2015, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 3. Specifically, respondent states that “DICP concludes that petitioner suffered a
SIRVA injury and that the preponderance of the medical evidence indicates that the
injury was causally related to the flu vaccination she received on September 15, 2014.”
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 (2012).

Case 1:15-vv-00349-UNJ Document 37 Filed 09/22/16 Page 2 of 2
Id. at 3. Respondent further agrees that petitioner met the statutory requirements by
suffering her condition 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