VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00398
Package ID: USCOURTS-cofc-1_15-vv-00398
Petitioner: Frenchell Henson
Filed: 2015-04-20
Decided: 2016-05-19
Vaccine: influenza
Vaccination date: 2014-01-02
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Frenchell Henson filed a petition for compensation under the National Vaccine Injury Compensation Program on April 20, 2015, alleging that she suffered left shoulder injuries caused in fact by an influenza vaccine received on January 2, 2014. The respondent denied that the flu immunization caused the alleged shoulder injury or any other injury or condition. The parties later filed a joint stipulation for damages, agreeing that petitioner should receive compensation. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the court's decision. Petitioner was awarded a lump sum of $50,000.00 for all items of damages. Separately, a decision addressed attorneys' fees and costs, awarding $15,614.48 jointly to petitioner and her counsel, Paul Brazil of Muller Brazil, LLP. Camille Collett of the U.S. Department of Justice represented the respondent. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The theory of causation is not detailed in the public decision.

Theory of causation field:
Petitioner Frenchell Henson alleged that an influenza vaccine administered on January 2, 2014, caused left shoulder injuries. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Nora Beth Dorsey approved the stipulation. Petitioner was awarded $50,000.00 for all damages. Attorneys' fees and costs of $15,614.48 were awarded jointly to petitioner and counsel Paul Brazil. The public decision does not specify the medical mechanism of injury, expert testimony, or detailed factual basis for the alleged SIRVA (Shoulder Injury Related to Vaccine Administration) beyond the petitioner's allegation and the parties' stipulation. The theory of causation is unclear from the provided text.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00398-0
Date issued/filed: 2016-05-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/05/2016) regarding 26 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00398-UNJ Document 33 Filed 05/19/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-398V
Filed: April 5, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
FRENCHELL HENSON, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
v.
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 20, 2015, Frenchell Henson (“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 she “suffered left
shoulder injuries which were caused in fact by the” influenza (“flu”) vaccine she received
on January 2, 2014. Petition at 1; see also Stipulation, filed Apr. 4, 2016, ¶¶ 1-2, 4.
Petitioner further alleges that she suffered the residual effects of her injuries for more
than six months, and that neither she nor anyone else has brought an action or has
received compensation for her injuries. Petition, ¶¶ 13-14; see also Stipulation ¶¶ 4-5.
“Respondent denies that the flu immunization is the cause of petitioner’s alleged
shoulder injury, or any other injury or condition.” Stipulation, ¶ 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 (2012)). 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-00398-UNJ Document 33 Filed 05/19/16 Page 2 of 7
Nevertheless, on April 4, 2016, 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.
2

CCaassee 11::1155--vvvv--0000339988--UUNNJJ DDooccuummeenntt 2343 FFiilleedd 0045//0149//1166 PPaaggee 13 ooff 57

CCaassee 11::1155--vvvv--0000339988--UUNNJJ DDooccuummeenntt 2343 FFiilleedd 0045//0149//1166 PPaaggee 24 ooff 57

CCaassee 11::1155--vvvv--0000339988--UUNNJJ DDooccuummeenntt 2343 FFiilleedd 0045//0149//1166 PPaaggee 35 ooff 57

CCaassee 11::1155--vvvv--0000339988--UUNNJJ DDooccuummeenntt 2343 FFiilleedd 0045//0149//1166 PPaaggee 46 ooff 57

CCaassee 11::1155--vvvv--0000339988--UUNNJJ DDooccuummeenntt 2343 FFiilleedd 0045//0149//1166 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00398-1
Date issued/filed: 2016-05-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/05/2016) regarding 27 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00398-UNJ Document 34 Filed 05/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-398V
Filed: April 5, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
FRENCHELL HENSON, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On April 20, 2015, Frenchell Henson (“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 she “suffered left
shoulder injuries which were caused in fact by the” influenza (“flu”) vaccine she received
on January 2, 2014. Petition at 1. On April 5, 2016, the undersigned issued a decision
awarding compensation to petitioner based on the parties’ stipulation.
On April 5, 2016, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award of
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-00398-UNJ Document 34 Filed 05/19/16 Page 2 of 2
$15,614.48. Stipulation at ¶ 2. In accordance with General Order #9, petitioner’s
counsel represents that petitioner incurred no out-of-pocket expenses. Id. at ¶ 3.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs.
§ 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 $15,614.483 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Paul Brazil.
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, § 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 of Health & Human Servs.,
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