VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00775
Package ID: USCOURTS-cofc-1_15-vv-00775
Petitioner: Jane K. Baker
Filed: 2015-10-30
Decided: 2016-05-03
Vaccine: influenza
Vaccination date: 2014-10-15
Condition: frozen shoulder and subdeltoid bursitis
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Jane K. Baker filed a petition for compensation under the National Vaccine Injury Compensation Program on October 30, 2015, alleging that she suffered from frozen shoulder and subdeltoid bursitis in her left shoulder as a result of receiving an influenza vaccine on October 15, 2014. The respondent conceded that Ms. Baker met the statutory requirements for entitlement to compensation, noting that her injury sequelae lasted for more than six months. A ruling on entitlement was issued on October 30, 2015, finding her entitled to compensation. Subsequently, on January 4, 2016, the respondent filed a proffer recommending an award of $105,000.00, which Ms. Baker agreed to. This amount was awarded as compensation for all damages. Additionally, on January 28, 2016, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $18,500.00, which was also granted.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00775-0
Date issued/filed: 2015-11-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/30/2015) regarding 18 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00775-UNJ Document 20 Filed 11/23/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-775V
Filed: October 30, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JANE K. BAKER, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (Flu) Vaccine; Left Shoulder
* Injury; Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (SIRVA);
AND HUMAN SERVICES, * Special Processing Unit (SPU).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 23, 2015, Jane Baker (“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 as a result of receiving the influenza
(“flu”) vaccine on October 15, 2014, she suffered from “frozen shoulder and subdeltoid
bursitis” in her left shoulder that was caused in fact by her flu vaccination. Petition at 1,
4. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 30, 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 3. Specifically, respondent states “petitioner has met the statutory
requirements for entitlement to compensation. Therefore, based on the record as it now
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-00775-UNJ Document 20 Filed 11/23/15 Page 2 of 2
stands, petitioner has satisfied all legal prerequisites for compensation under the Act.”
Id. at 4 (citations omitted). Respondent further states that the records show that
petitioner suffered the sequela of her injury for more than six months. Id.
In view of respondent’s concession and the evidence presented, the
undersigned finds that petitioner is entitled to compensation.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00775-1
Date issued/filed: 2016-05-03
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/04/2016) regarding 24 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. Modified on 5/4/2016 - corrected PDF (jt1).
--------------------------------------------------------------------------------
Case 1:15-vv-00775-UNJ Document 33 Filed 05/03/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0775V
Filed: January 4, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JANE K. BAKER, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Frozen
* Shoulder; Sub-deltoid Bursitis; Shoulder
SECRETARY OF HEALTH * Injury Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 23, 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 from frozen shoulder and subdeltoid bursitis
which were caused in fact by the influenza (“flu”) vaccine she received on October 15,
2014. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 30, 2015, a ruling on entitlement was issued finding petitioner
entitled to compensation. On January 4, 2016, respondent filed a proffer on award of
compensation [“Proffer”] stating that petitioner should be awarded $105,000.00. Proffer
at 1. In the Proffer, respondent represents 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-00775-UNJ Document 33 Filed 05/03/16 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 $105,000.00, in the form of a check payable to
petitioner, Jane. K. Baker. 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

Case 1:15-vv-00775-UNJ Document 33 Filed 05/03/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JANE K. BAKER, )
)
Petitioner, )
) No. 15-0775V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$105,000.00, 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $105,000.00, in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
1 Should petitioner die prior to the 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.

Case 1:15-vv-00775-UNJ Document 33 Filed 05/03/16 Page 4 of 4
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ Sarah C. Duncan
Sarah C. Duncan
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) 514-9729
Fax: (202) 616-4310
DATED: January 4, 2016

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00775-2
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/28/2016) regarding 30 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00775-UNJ Document 34 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0775V
Filed: January 28, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JANE K. BAKER, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On July 23, 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 from a frozen shoulder and subdeltoid bursitis
which were caused by an influenza (“flu”) vaccine she received on October 15, 2014.
On January 4, 2016, the undersigned issued a decision awarding compensation to
petitioner based on respondent’s proffer.
On January 28, 2016, the parties filed a Stipulation of Facts Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $18,500.00. 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-00775-UNJ Document 34 Filed 05/04/16 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 $18,500.00,3 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Lawrence Cohan.
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