VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00383
Package ID: USCOURTS-cofc-1_15-vv-00383
Petitioner: Henry Roder
Filed: 2015-12-02
Decided: 2016-04-25
Vaccine: influenza
Vaccination date: 2013-01-11
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 72000

AI-assisted case summary:
Henry Roder filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his January 11, 2013 influenza vaccination. Respondent denied that the vaccination caused the alleged SIRVA or any other injury. Nevertheless, on December 1, 2015, the parties filed a joint stipulation for an award of compensation. The court adopted the stipulation, awarding Henry Roder a lump sum of $72,000.00 for all items of damages. Subsequently, on February 16, 2016, the parties filed another stipulation for attorneys' fees and costs. The court granted this request, awarding $21,316.64 in attorney's fees and costs, jointly payable to petitioner and his counsel, and $2,951.57 in out-of-pocket expenses solely to the petitioner. The decision date for the damages award was April 25, 2016, and the decision date for attorneys' fees and costs was May 6, 2016.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00383-0
Date issued/filed: 2016-04-25
Pages: 7
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/02/2015) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00383-UNJ Document 31 Filed 04/25/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-383V
Filed: December 2, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
HENRY RODER, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 16, 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 alleges that he suffered a Shoulder Injury Related to Vaccine
Administration [“SIRVA”] as a result of his January 11, 2013 influenza vaccination.
Petition at 5-7; Stipulation, filed December 1, 2015, ¶¶ 2, 4. Petitioner further alleges
that he has suffered the residual effects of this injury for over six months, and that he
has received no prior award or settlement of a civil action for this injury. Petition at 6-7;
Stipulation, ¶¶ 4-5. “Respondent denies that the influenza immunization is the cause of
petitioner’s alleged SIRVA or any other injury or condition. ” Stipulation, ¶ 6.
Nevertheless, on December 1, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-00383-UNJ Document 31 Filed 04/25/16 Page 2 of 7
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 $72,000.00 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.
2

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CCaassee 11::1155--vvvv--0000338833--UUNNJJ DDooccuummeenntt 2321 FFiilleedd 1024//0215//1156 PPaaggee 35 ooff 57

CCaassee 11::1155--vvvv--0000338833--UUNNJJ DDooccuummeenntt 2321 FFiilleedd 1024//0215//1156 PPaaggee 46 ooff 57

CCaassee 11::1155--vvvv--0000338833--UUNNJJ DDooccuummeenntt 2321 FFiilleedd 1024//0215//1156 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00383-1
Date issued/filed: 2016-05-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/18/2016) regarding 28 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00383-UNJ Document 32 Filed 05/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-383V
Filed: February 18, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
HENRY RODER, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On April 16, 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 he suffered a Shoulder Injury Related to Vaccine
Administration [“SIRVA”] as a result of his January 11, 2013 influenza vaccination.
Petition at 5-7; Stipulation, filed December 1, 2015, ¶¶ 2, 4. On December 2, 2015, the
undersigned issued a decision awarding compensation to petitioner based on the
parties’ stipulation.
On February 16, 2016, the parties filed a Stipulation of Facts Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award for “(a) attorney’s fees and costs in the amount of $21,316.64; and, (b) $2,
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-00383-UNJ Document 32 Filed 05/06/16 Page 2 of 2
951.57 in out-of-pocket expenses for petitioner, as represented by his counsel in
compliance with General Order #9.” Stipulation, filed February 16, 2016, ¶3.
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, an award should be made as follows:
1. $21,316.64 in the form of a check jointly payable to petitioner and
petitioner’s counsel, Lisa A. Roquemore; and
2. $2,951.57 in the form of a check solely payable to petitioner. 3
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