VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00679
Package ID: USCOURTS-cofc-1_15-vv-00679
Petitioner: Lorene Scott
Filed: 2016-01-13
Decided: 2016-09-26
Vaccine: influenza
Vaccination date: 2013-10-08
Condition: shoulder injury
Outcome: compensated
Award amount USD: 83000

AI-assisted case summary:
Lorene Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2016, alleging she suffered a shoulder injury following receipt of an influenza vaccination on October 8, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the petitioner's injury. Despite this denial, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Ms. Scott was awarded a lump sum of $83,000.00 for all items of damages. Separately, on January 19, 2016, the parties filed a stipulation concerning attorneys' fees and costs. The Chief Special Master approved and awarded a total of $15,632.83 for attorneys' fees and costs, payable jointly to petitioner and her counsel, Muller Brazil, LLP. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of injury. Petitioner was represented by Maximilian Muller of Muller Brazil, LLP, and respondent was represented by Justine Walters of the U.S. Department of Justice.

Theory of causation field:
Petitioner Lorene Scott alleged a shoulder injury following an influenza vaccination on October 8, 2013. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $83,000.00 for all damages. Attorneys' fees and costs of $15,632.83 were also awarded. The specific theory of causation, medical experts, or detailed mechanism of injury were not described in the public decision, as the case was resolved via stipulation. The decision date was September 26, 2016. Petitioner's counsel was Maximilian Muller of Muller Brazil, LLP, and respondent's counsel was Justine Walters of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00679-0
Date issued/filed: 2016-09-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/13/2016) regarding 17 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00679-UNJ Document 25 Filed 09/26/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-679V
Filed: January 13, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LORENE SCOTT, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximilian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 30, 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 she suffered a shoulder injury following receipt of an
influenza vaccination. Petition at 1; Stipulation, filed 1/13/2016, ¶ 4. Petitioner further
alleges that there has been no prior award or settlement of a civil action for damages on
her behalf as a result of her condition. Petition at 2; Stipulation¶ 5. “Respondent denies
that the influenza immunization caused petitioner’s shoulder injury or any other injury or
her current condition. ” Stipulation, ¶ 6.
Nevertheless, on January 13, 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.
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-00679-UNJ Document 25 Filed 09/26/16 Page 2 of 7
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $83,000.00 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.

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Case 1:15-vv-00679-UNJ Document 25 Filed 09/26/16 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00679-1
Date issued/filed: 2016-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/19/2016) regarding 20 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00679-UNJ Document 26 Filed 09/26/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-679V
Filed: January 19, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
LORENE SCOTT, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximilian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On June 30, 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 as a result of her October 8,
2013 influenza vaccination. On January 13, 2016, the undersigned issued a decision
awarding compensation to petitioner based on the parties’ stipulation.
On January 19, 2016, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award of
$15,632.83. 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-00679-UNJ Document 26 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 $15,632.833 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.