VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00591
Package ID: USCOURTS-cofc-1_15-vv-00591
Petitioner: Kathy Cox
Filed: 2015-06-10
Decided: 2015-10-20
Vaccine: influenza
Vaccination date: 2014-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 97000

AI-assisted case summary:
Kathy Cox filed a petition for compensation under the National Vaccine Injury Compensation Program on June 10, 2015. She alleged that an influenza vaccination received on October 9, 2014, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a joint Rule 4(c) Report and Proffer on Damages on September 2, 2015. In this report, the respondent conceded that Ms. Cox's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine administered on October 9, 2014. The respondent also stated that no other causes for the SIRVA were identified and that the sequelae of the injury lasted more than six months. Based on this concession, Special Master Denise Kathryn Vowell found Ms. Cox entitled to compensation. On September 4, 2015, Special Master Vowell issued a decision awarding Ms. Cox a lump sum payment of $83,000.00 for all damages. Subsequently, on September 10, 2015, the parties filed a stipulation regarding attorneys' fees and costs. On October 20, 2015, Chief Special Master Nora Beth Dorsey issued a decision approving this stipulation. The parties agreed to an award of $14,000.00 for attorneys' fees and costs, representing all legal expenses incurred. Petitioner's counsel, Andrew Downing of Van Cott & Talamante, PLLC, represented that Ms. Cox incurred no out-of-pocket expenses. The total compensation awarded to Kathy Cox was $97,000.00 ($83,000.00 for damages and $14,000.00 for fees and costs).

Theory of causation field:
Petitioner Kathy Cox alleged that an influenza vaccination on October 9, 2014, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the flu vaccine, noting no other causes were identified and the sequelae lasted more than six months. This concession aligned with the "Table" theory of causation under the National Vaccine Injury Compensation Program. Special Master Denise Kathryn Vowell ruled on entitlement and awarded $83,000.00 for damages. Subsequently, Chief Special Master Nora Beth Dorsey approved a stipulation for attorneys' fees and costs, awarding $14,000.00. The total award was $97,000.00. Petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC, and respondent was represented by Traci Patton of the U.S. Department of Justice. The public decision does not describe the specific mechanism of injury, onset, symptoms, medical tests, or treatments.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00591-0
Date issued/filed: 2015-09-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/04/2015) regarding 11 Ruling on Entitlement, DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00591-UNJ Document 21 Filed 09/30/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-591V
Filed: September 4, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHY COX, *
*
Petitioner, * Ruling on Entitlement and Damages
* Decision Based on Proffer; Concession;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, * Administration (“SIRVA”); Special
Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, for petitioner.
Traci Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES1
Vowell, Special Master:
On June 10, 2015, Kathy Cox 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 as a result of an influenza [“flu”] vaccination
on October 9, 2014, she suffered a shoulder injury related to vaccine administration
[“SIRVA”]. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 2, 2015, respondent filed a joint Rule 4(c) Report and Proffer on
Damages [“Rule 4(c) Report and Proffer”] in which she concedes that petitioner is
entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1, 4.
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-00591-UNJ Document 21 Filed 09/30/15 Page 2 of 4
Specifically, respondent indicates that she has “concluded that petitioner’s alleged injury
is consistent with shoulder injury related to vaccine administration (SIRVA), and that it
was caused in fact by the flu vaccine she received on October 9, 2014.” Id. at 4.
Respondent further indicates that she “did not identify any other causes for petitioner’s
SIRVA, and records show that she has suffered the sequela of her injury 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.
Respondent’s proffer on award of compensation, attached hereto, indicates that
petitioner should be awarded compensation in the amount of $83,000.00. Rule 4(c)
Report and Proffer at 5.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $83,000.00 in the form of a check payable to petitioner, Kathy
Cox. 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
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
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.
2

Case 1:15-vv-00591-UNJ Document 21 Filed 09/30/15 Page 3 of 4

Case 1:15-vv-00591-UNJ Document 21 Filed 09/30/15 Page 4 of 4

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00591-1
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/11/2015) regarding 18 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00591-UNJ Document 22 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-591V
Filed: September 11, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHY COX, *
*
Petitioner, * Attorney Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, for petitioner.
Traci Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Dorsey, Chief Special Master:
On June 10, 2015, Kathy Cox 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 as a result of an influenza [“flu”] vaccination
on October 9, 2014, she suffered a shoulder injury related to vaccine administration
[“SIRVA”]. Petition at 1. On September 4, 2015, a decision issued awarding
compensation to petitioner based on respondent’s Proffer.
On September 10, 2015, the parties filed a Stipulation of Attorneys’ Fees and
Costs. According to the stipulation, the parties agree upon an award of $14,000.00. In
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-00591-UNJ Document 22 Filed 10/20/15 Page 2 of 2
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). I find the proposed amount to be reasonable.
Accordingly, I award the total of $14,000.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Andrew D. Downing,
Esq.
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 each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2