VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00375 Package ID: USCOURTS-cofc-1_15-vv-00375 Petitioner: Jennifer Reid Filed: 2015-04-13 Decided: 2016-05-04 Vaccine: MMR, Tdap, Hepatitis A, Hepatitis B Vaccination date: 2014-05-05 Condition: subacromial impingement, adhesive capsulitis, and bursitis Outcome: compensated Award amount USD: 120000 AI-assisted case summary: Jennifer Reid filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2015, alleging that she suffered subacromial impingement, adhesive capsulitis, and bursitis caused by the measles, mumps, and rubella (MMR) vaccine; tetanus, diphtheria, acellular pertussis (Tdap) vaccine; hepatitis A vaccine; or hepatitis B vaccine she received on May 5, 2014. The respondent conceded that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused by the Tdap or Hepatitis A vaccines. The respondent also agreed that the injury lasted more than six months. A ruling on entitlement was issued on July 8, 2015, finding Ms. Reid entitled to compensation. On January 15, 2016, the respondent filed a proffer on award of compensation, stating that Ms. Reid should be awarded $120,000.00, which Ms. Reid agreed to. On May 4, 2016, the Chief Special Master issued a decision awarding Ms. Reid a lump sum payment of $120,000.00. Subsequently, on February 11, 2016, the parties filed a stipulation for attorneys' fees and costs, and on May 6, 2016, the Chief Special Master awarded $16,861.38 in attorneys' fees and costs, jointly payable to Ms. Reid and her counsel. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00375-0 Date issued/filed: 2016-05-04 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 01/19/2016) regarding 22 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00375-UNJ Document 31 Filed 05/04/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0375V Filed: January 19, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * JENNIFER REID, * * Damages Decision Based on Proffer; Petitioner, * Measles, Mumps, and Rubella (“MMR”) v. * Vaccine; Tetanus, Diphtheria, * Acellular Pertussis (“Tdap”) Vaccine; SECRETARY OF HEALTH * Hepatitis A Vaccine; Hepatitis B AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related to * Vaccine Administration (“SIRVA”); Respondent. * Special Processing Unit (“SPU”) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul Brazil, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner. Lynn Ricciardella, Esq., U.S. Department of Justice, Washington, DC for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On April 13, 2015, Jennifer Reid 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 subacromial impingement, adhesive capsulitis, and bursitis that was caused in fact by the measles, mumps, and rubella (MMR) vaccine; tetanus, diphtheria, acellular pertussis (Tdap) vaccine; hepatitis A vaccine; or hepatitis B vaccine she received on May 5, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 8, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation. On January 15, 2016, respondent filed a proffer on award of compensation [“Proffer”] stating that petitioner should be awarded $120,000.00. Proffer 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 (2006). Case 1:15-vv-00375-UNJ Document 31 Filed 05/04/16 Page 2 of 4 at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $120,000.00, in the form of a check payable to petitioner, Jennifer Reid. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. 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. 2 Case 1:15-vv-00375-UNJ Document 31 Filed 05/04/16 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) JENNIFER REID, ) ) Petitioner, ) No. 15-375V ) Chief Special Master Dorsey v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items: Respondent proffers that, based on the evidence of record, petitioner should be awarded $120,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); §15(a)(3)(A); and §15(a)(4). Petitioner agrees. II. Form of the Award: The parties recommend that the compensation provided to petitioner, Jennifer Reid, 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 following:1 A lump sum payment of $120,000.00 in the form of a check payable to petitioner, Jennifer Reid. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 wages, and future pain and suffering. 1 Case 1:15-vv-00375-UNJ Document 31 Filed 05/04/16 Page 4 of 4 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 ALTHEA W. DAVIS Senior Trial Counsel Torts Branch, Civil Division s/ Lynn E. Ricciardella LYNN E. RICCIARDELLA Senior 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) 616-4356 DATED: January 15, 2016 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00375-1 Date issued/filed: 2016-05-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/08/2015) regarding 11 Ruling on Entitlement ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00375-UNJ Document 32 Filed 05/04/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0375V Filed: July 8, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JENNIFER REID, * * Petitioner, * Ruling on Entitlement; Concession; v. * Measles, Mumps, and Rubella (“MMR”) * Vaccine; Tetanus, Diphtheria, SECRETARY OF HEALTH * acellular Pertussis (“Tdap”) Vaccine; AND HUMAN SERVICES, * Hepatitis A Vaccine; Hepatitis B * Vaccine; Shoulder Injury Related to Respondent. * Vaccine Administration (“SIRVA”); * Special Processing Unit (“SPU”) * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul Brazil, Esq., Muller Brazil, LLP, Philadelphia, PA, for petitioner. Lynn Ricciardella, Esq., U.S. Department of Justice, Washington, DC for respondent. RULING ON ENTITLEMENT1 Vowell, Chief Special Master: On April 13, 2015, Jennifer Reid 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 subacromial impingement, adhesive capsulitis, and bursitis caused in fact by the measles, mumps, and rubella vaccine; tetanus, diphtheria, acellular pertussis vaccine; Hepatitis A vaccine; or Hepatitis B vaccine she received on May 5, 2014. 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., ¶ 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 7, 2015, respondent filed her Rule 4(c) report in which she indicates she “has determined that petitioner’s alleged injury is consistent with a shoulder injury 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-00375-UNJ Document 32 Filed 05/04/16 Page 2 of 2 related to vaccine administration, and recommends that compensation for this specific shoulder injury be awarded in this case.” Respondent’s Rule 4(c) Report at 1. Specifically, respondent agrees “that a preponderance of evidence establishes that the injury to petitioner’s left shoulder was caused by the administration of either the TdaP or Hepatitis A vaccines she received on May 5, 2014, and that petitioner’s injury is not due to factors unrelated to the administration of those vaccines.” 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_15-vv-00375-2 Date issued/filed: 2016-05-06 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/12/2016) regarding 26 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00375-UNJ Document 33 Filed 05/06/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0375V Filed: February 12, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JENNIFER REID, * * Petitioner, * v. * * Attorneys’ Fees and Costs; Stipulation SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 Dorsey, Chief Special Master: On April 13, 2016, Ms. Reid 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 subacromial impingement, adhesive capsulitis, and bursitis that was caused in fact by the measles, mumps, and rubella (MMR) vaccine; tetanus, diphtheria, acellular pertussis (Tdap) vaccine; hepatitis A vaccine; or hepatitis B vaccine she received on May 5, 2014. Petition at 1. On January 19, 2016, the undersigned issued a decision awarding compensation to petitioner based on respondent’s proffer. On February 11, 2016, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an 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. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of Electronic Government Services). 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-00375-UNJ Document 33 Filed 05/06/16 Page 2 of 2 award of $16,861.38. 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). 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 $16,861.383 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Muller Brazil, LLP. 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. 2