VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00729
Package ID: USCOURTS-cofc-1_15-vv-00729
Petitioner: Darlene Steele
Filed: 2015-07-14
Decided: 2016-04-27
Vaccine: Td
Vaccination date: 2014-06-10
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 246973

AI-assisted case summary:
Darlene Steele filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2015, alleging a shoulder injury following her Tetanus Diphtheria (Td) vaccination on June 10, 2014. The respondent, the Secretary of Health and Human Services, conceded that the evidence established that Steele's left shoulder injury was caused-in-fact by the Td vaccine and that the statutory six-month sequela requirement was met. Based on this concession, a ruling on entitlement was issued, finding Steele entitled to compensation. Subsequently, on December 14, 2015, the respondent filed a proffer on award of compensation, recommending an award of $246,973.25. This amount was agreed upon by the petitioner and represented compensation for pain and suffering, past and future unreimbursed medical expenses, and past and future lost earnings. A decision awarding damages was issued on April 27, 2016, granting the lump sum payment of $246,973.25. Later, on January 27, 2016, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $17,664.00. This amount was granted by decision on May 4, 2016, as a lump sum jointly payable to Steele and her counsel.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00729-0
Date issued/filed: 2015-11-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/23/2015) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00729-UNJ Document 22 Filed 11/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-729V
Filed: October 23, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DARLENE STEELE, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus Diphtheria (“Td”);
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 14, 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 experienced a shoulder injury following
administration of her June 10, 2014 Tetanus Diphtheria (“Td”) vaccination. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 23, 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 “has concluded that a preponderance of
evidence establishes that the injury to petitioner’s left shoulder was caused-in-fact by
the administration of her June 10, 2014, Td vaccine, and that petitioner’s injury is not
due to factors unrelated to the administration of the Td vaccine.” Id. at 3. Respondent
further agrees that the statutory six month sequela requirement has been satisfied. Id.
1 Because this unpublished ruling 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-00729-UNJ Document 22 Filed 11/17/15 Page 2 of 2
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00729-1
Date issued/filed: 2016-04-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/15/2015) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00729-UNJ Document 34 Filed 04/27/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-729V
Filed: December 15, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DARLENE STEELE, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus Diphtheria (“Td”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 14, 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 experienced a shoulder injury following
administration of her June 10, 2014 Tetanus Diphtheria [“Td”] vaccination. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 23, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a left shoulder injury. On December 14, 2015, respondent
filed a proffer on award of compensation [“Proffer”] indicating petitioner should be
awarded $246,973.25. Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the proffered award.
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-00729-UNJ Document 34 Filed 04/27/16 Page 2 of 4
Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $246,973.25 in the form of a check payable to
petitioner, Darlene Steele. 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/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--0000772299--UUNNJJ DDooccuummeenntt 2344 FFiilleedd 1024//1247//1156 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
DARLENE STEELE, )
)
Petitioner, )
) No. 15-729V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$246,973.25 for pain and suffering, past and future unreimbursed medical expenses, and past and
future lost earnings which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $246,973.25 in the form of a check payable to petitioner.
Petitioner agrees.
1 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 lost earnings, and future pain and suffering.

CCaassee 11::1155--vvvv--0000772299--UUNNJJ DDooccuummeenntt 2344 FFiilleedd 1024//1247//1156 PPaaggee 24 ooff 24
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
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3665
Date: December 14, 2015
2

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00729-2
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/28/2016) regarding 31 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00729-UNJ Document 35 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-729V
Filed: January 28, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
DARLENE STEELE, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On July 14, 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 experienced a shoulder injury following
administration of her June 10, 2014 Tetanus Diphtheria [“Td”] vaccination. Petition at 1.
On December 15, 2015, the undersigned issued a decision awarding compensation to
petitioner based on respondent’s Proffer.
On January 27, 2016, the parties filed a Stipulation of Facts Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
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-00729-UNJ Document 35 Filed 05/04/16 Page 2 of 2
award of $17,664.00. In 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). 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 $17,664.003 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel,
Alison Haskins, 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 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