VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00683
Package ID: USCOURTS-cofc-1_15-vv-00683
Petitioner: Rebecca Guy
Filed: 2015-11-13
Decided: 2016-01-13
Vaccine: influenza
Vaccination date: 2014-09-17
Condition: shoulder injury
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Rebecca Guy filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2015, alleging that an influenza vaccination she received on September 17, 2014, caused her to suffer a shoulder injury. The case was assigned to the Special Processing Unit. On November 12, 2015, the respondent filed a Rule 4(c) Report and Proffer on Damages, conceding that Ms. Guy's alleged injury was consistent with shoulder injury related to vaccination administration (SIRVA) and that it was caused in fact by the flu vaccine. The respondent also stated that Ms. Guy had satisfied all legal prerequisites for compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey found Ms. Guy entitled to compensation. The decision, issued on January 13, 2016, awarded Ms. Guy a lump sum payment of $75,000.00 for all damages. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and the respondent was represented by Gordon Elliot Shemin of the U.S. Department of Justice. Subsequently, on March 23, 2016, a decision was issued awarding attorneys' fees and costs. This award was based on a stipulation filed by the parties on November 20, 2015, agreeing to a total of $16,998.27. Petitioner's counsel represented that Ms. Guy incurred no out-of-pocket expenses. Chief Special Master Dorsey granted the request for attorneys' fees and costs, awarding the stipulated amount as a lump sum payable jointly to Ms. Guy and her counsel, Maximillian J. Muller.

Theory of causation field:
Petitioner Rebecca Guy received an influenza vaccination on September 17, 2014. She alleged this vaccination caused a shoulder injury. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused in fact by the flu vaccine. The public decision does not describe the specific mechanism of injury, onset of symptoms, medical examinations, or treatments. The respondent's concession was based on the evidence of record. Chief Special Master Nora Beth Dorsey ruled on entitlement and awarded $75,000.00 in lump sum damages for all damages. Attorneys' fees and costs were subsequently awarded in the amount of $16,998.27 based on a stipulation between the parties. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and respondent was represented by Gordon Elliot Shemin (U.S. Department of Justice). The decision was issued on January 13, 2016, with the attorneys' fees decision issued on March 23, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00683-0
Date issued/filed: 2016-01-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/13/2015) regarding 19 Ruling on Entitlement, DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00683-UNJ Document 28 Filed 01/13/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-683V
Filed: November 13, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
REBECCA GUY, *
*
Petitioner, * Ruling on Entitlement; Damages
* Decision Based on Proffer;
* Concession; Influenza (“Flu”)
SECRETARY OF HEALTH * Vaccination; Shoulder Injury Related
AND HUMAN SERVICES, * to Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Gordon Elliot Shemin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1
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” or “Program”]. Petitioner alleges that the influenza [“flu”] vaccination that she
received on September 17, 2014 caused her to suffer a shoulder injury. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 12, 2015, respondent filed a Rule 4(c) Report and Proffer on
Damages in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer on Damages at 1 (ECF No. 18).
Specifically, respondent “has concluded that petitioner’s alleged injury is consistent with
shoulder injury related to vaccination administration (SIRVA), and that it was caused in
fact by the flu vaccine she received on September 18, 2014.” Id. at 3. Respondent
1 Because this unpublished ruling and 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-00683-UNJ Document 28 Filed 01/13/16 Page 2 of 2
further indicates that “petitioner has satisfied all legal prerequisites for compensation
under the Act.” Id. at 4.
Additionally, “[b]ased upon the evidence of record, respondent proffers that
petitioner should be awarded $75,000.00” in compensation. Respondent’s Rule 4(c)
Report and Proffer on Damages at 4. Respondent represents that petitioner agrees
with the proffered award. Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation. Further, based on
the record as a whole, the undersigned finds that petitioner is entitled to an award
as stated in Respondent’s Rule 4(c) Report and Proffer on Damages.
Pursuant to the terms stated in Respondent’s Rule 4(c) Report and Proffer on
Damages at 4, the undersigned awards petitioner a lump sum payment of
$75,000.00 in the form of a check payable to petitioner, Rebecca Guy.3 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 “Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical expenses, future
pain and suffering, and future lost wages.” Respondent’s Rule 4(c) Report and Proffer on Damages at 4.
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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00683-1
Date issued/filed: 2016-03-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/20/2015) regarding 21 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00683-UNJ Document 29 Filed 03/23/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-683V
Filed: November 20, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
REBECCA GUY, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Gordon Elliot Shemin, 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” or “Program”]. Petitioner alleged that the influenza [“flu”] vaccination she received
on September 17, 2014 caused her to suffer a shoulder injury. Petition at 1. On
November 13, 2015, a decision issued awarding compensation to petitioner based on
respondent’s Proffer.
On November 20, 2015, the parties filed a Stipulation of Facts Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $16,998.27. 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-00683-UNJ Document 29 Filed 03/23/16 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, 998.273 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Maximillian J. Muller.
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