VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00625
Package ID: USCOURTS-cofc-1_15-vv-00625
Petitioner: Holly Swenson
Filed: 2015-06-18
Decided: 2015-11-17
Vaccine: Tdap
Vaccination date: 2014-08-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 113832

AI-assisted case summary:
Holly Swenson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 18, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her Tetanus-diphtheria-acellular pertussis (Tdap) vaccination on August 21, 2014. The case was assigned to the Special Processing Unit. On October 7, 2015, the respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA and was caused in fact by the Tdap vaccine received on or about August 21, 2014. The respondent also indicated that no other cause for the petitioner's SIRVA had been identified and that the injury lasted for more than six months. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 7, 2015, finding Holly Swenson entitled to compensation. Subsequently, on November 17, 2015, a decision awarding damages was issued. Pursuant to a proffer filed by the respondent on October 22, 2015, Chief Special Master Dorsey awarded Holly Swenson a lump sum payment of $113,832.20, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). This amount was to be paid in the form of a check payable to Holly Swenson. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Darryl Wishard of the U.S. Department of Justice. On September 26, 2016, a separate decision addressed attorneys' fees and costs. Based on a stipulation of fact filed by the parties on October 26, 2015, Chief Special Master Dorsey awarded $16,000.00 for attorneys' fees and costs. Petitioner's counsel represented that petitioner incurred no out-of-pocket expenses. This award was to be paid as a lump sum in the form of a check jointly payable to petitioner and her counsel, Muller Brazil, LLP. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Holly Swenson alleged a shoulder injury related to vaccine administration (SIRVA) caused by her Tdap vaccination on August 21, 2014. The respondent conceded causation-in-fact for the petitioner's SIRVA, stating the injury was consistent with SIRVA and caused by the Tdap vaccine, and that the injury lasted more than six months. The public decision does not name specific medical experts or detail the mechanism of injury beyond the general category of SIRVA. The case proceeded on a concession of entitlement. Chief Special Master Nora Beth Dorsey ruled on entitlement on October 7, 2015, and awarded damages on November 17, 2015, based on respondent's proffer, granting a lump sum of $113,832.20. Attorneys' fees and costs of $16,000.00 were awarded on September 26, 2016, based on a stipulation. Petitioner was represented by Maximillian Muller (Muller Brazil, LLP) and respondent by Darryl Wishard (U.S. Department of Justice).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00625-0
Date issued/filed: 2015-11-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/22/2015) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00625-UNJ Document 31 Filed 11/17/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-625V
Filed: October 22, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
HOLLY SWENSON, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-diphtheria-acellular pertussis
* (“Tdap”); Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 18, 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” or “Program”]. Petitioner alleges that she suffered a shoulder injury caused by her
August 21, 2014 Tentanus-diphtheria-acellular pertussis (“Tdap”) vaccination. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 7, 2015, I issued a ruling on entitlement, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
October 22, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating petitioner should be awarded $113,832.20. Proffer at 1.
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-00625-UNJ Document 31 Filed 11/17/15 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $113,832.20 in the form of a check payable to petitioner, Holly
Swenson. 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 the parties’ joint filing of notice
renouncing the right to seek review.

Case 1:15-vv-00625-UNJ Document 31 Filed 11/17/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
HOLLY SWENSON, )
)
Petitioner, ) No. 15-625V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On June 18, 2015, Holly Swenson (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. Petitioner alleges that as a result of receiving the tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine on August 21, 2014, she suffered a shoulder injury related to vaccine
administration (“SIRVA”) in her left shoulder that was caused-in-fact by her vaccination.
On October 7, 2015, respondent filed her Vaccine Rule 4(c) report, conceding causation-
in-fact for petitioner’s SIRVA. On October 7, 2015, the Chief Special Master issued a ruling on
entitlement, finding that petitioner was entitled to compensation for a SIRVA caused by the Tdap
vaccine.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$113,832.20, which represents all elements of compensation to which petitioner would be
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
discuss after the Damages Decision is issued.

Case 1:15-vv-00625-UNJ Document 31 Filed 11/17/15 Page 4 of 4
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $113,832.20, in the form of a check payable to petitioner.2
Petitioner agrees.
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
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
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
Dated: October 22, 2015 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00625-1
Date issued/filed: 2016-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/27/2015) regarding 28 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00625-UNJ Document 32 Filed 09/26/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-625V
Filed: October 27, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
HOLLY SWENSON, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On June 18, 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 caused by her August 21,
2014 Tetanus, Diphtheria and Pertussis vaccination. On October 22, 2015, the
undersigned issued a decision awarding compensation to petitioner based on
respondent’s proffer.
On October 26, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award of
$16,000.00. 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-00625-UNJ Document 32 Filed 09/26/16 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 $16,000.003 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.

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00625-2
Date issued/filed: 2016-09-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/07/2015) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00625-UNJ Document 33 Filed 09/26/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-625V
Filed: October 7, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
HOLLY SWENSON, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-diphtheria-acellular pertussis
* (“Tdap”); Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Darryl Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 18, 2015, Holly Swenson 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 her Tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccination, she experienced a shoulder injury.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 7, 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 1. Specifically, respondent states that “DICP that 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 Tdap vaccine she received on or about August 21,
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-00625-UNJ Document 33 Filed 09/26/16 Page 2 of 2
2014.” Id. at 5. Respondent further indicates that no other cause for petitioner’s SIRVA
has been identified and 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/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master