VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00874
Package ID: USCOURTS-cofc-1_15-vv-00874
Petitioner: Cheryl Pedraza
Filed: 2015-09-18
Decided: 2016-04-26
Vaccine: influenza
Vaccination date: 2014-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 115772

AI-assisted case summary:
Cheryl Pedraza filed a petition for compensation on August 13, 2015, alleging that she suffered a right shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of receiving an influenza vaccine on October 14, 2014. The respondent, Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement. The respondent agreed that petitioner's injury was consistent with SIRVA, caused in fact by the flu vaccine, and that no unrelated factors were identified. The records indicated that the sequelae of the injury lasted for more than six months. Based on the respondent's concession and the presented evidence, Chief Special Master Nora Beth Dorsey found that petitioner was entitled to compensation. Subsequently, on December 7, 2015, the parties filed a joint stipulation for damages. The stipulation stated that there was not a preponderance of the evidence demonstrating that petitioner's condition was due to a factor unrelated to vaccination. On April 26, 2016, Chief Special Master Dorsey issued a decision adopting the stipulation, awarding Cheryl Pedraza $115,772.83 in compensation for all damages. This amount was to be paid as a lump sum in the form of a check payable to petitioner. On December 8, 2015, the parties also filed a stipulation regarding attorneys' fees and costs. On April 27, 2016, Chief Special Master Dorsey issued a decision approving a joint stipulation for attorneys' fees and costs, awarding $15,500.00 as a lump sum payable jointly to petitioner and her counsel, Muller Brazil, LLP. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Darryl R. Wishard of the U.S. Department of Justice.

Theory of causation field:
Petitioner Cheryl Pedraza received an influenza vaccine on October 14, 2014. She alleged a right shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), caused by the vaccine. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA, caused in fact by the flu vaccine, and that no unrelated factors were identified. The residual effects of the injury lasted over six months. The case proceeded to a joint stipulation on damages, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded a lump sum of $115,772.83 for all damages. Attorneys' fees and costs were separately awarded in the amount of $15,500.00. The theory of causation was based on the "Table" category for SIRVA. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Darryl R. Wishard of the U.S. Department of Justice. Chief Special Master Nora Beth Dorsey presided over the case. The decision on entitlement was issued on April 26, 2016, and the decision on attorneys' fees and costs was issued on April 27, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00874-0
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/18/2015) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00874-UNJ Document 17 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-874V
Filed: September 18, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL PEDRAZA, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (Flu) Vaccine; Right Shoulder
* Injury; Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (SIRVA);
AND HUMAN SERVICES, * Special Processing Unit (SPU).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Philadelphia, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 13, 2015, Cheryl Pedraza (“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 as a result
of receiving the influenza (“flu”) vaccine on October 14, 2014, she suffered a right
shoulder injury that was caused in fact by her vaccination. Petition at 5. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 18, 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 petitioner’s injury is consisted with
shoulder injury related to vaccine administration (SIRVA), and that it was caused in fact
by the flu vaccine she received on or about October 14, 2014. Id. at 4-54. Respondent
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-00874-UNJ Document 17 Filed 10/20/15 Page 2 of 2
further states that there are no other causes identified for petitioner’s injury and the
records show that petitioner suffered the sequela of her injury for more than six months.
Thus, respondent states that “petitioner has met the statutory requirements for
entitlement to compensation.” 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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00874-1
Date issued/filed: 2016-04-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/07/2015) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00874-UNJ Document 29 Filed 04/26/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0874V
Filed: December 7, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL PEDRAZA, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 13, 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 as a result of an
influenza (“flu”) vaccine she received on October 14, 2014. Petition at 1; Stipulation,
filed 12/7/2015, ¶ 4. Respondent states that “[t]here is not a preponderance of the
evidence demonstrating that petitioner’s condition is due to a factor unrelated to
vaccination.” Stipulation, ¶ 6.
Nevertheless, on December 7, 2015, the parties filed a joint stipulation (attached
as Appendix A), 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).
1

Case 1:15-vv-00874-UNJ Document 29 Filed 04/26/16 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $115,772.83, 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.
2

Case 1:15-vv-00874-UNJ Document 29 Filed 04/26/16 Page 3 of 7
IN THE UNITED ST AT ES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CHERYL PEDRAZA, )
)
Petitioner, ) No. 15-874V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
~~~~~~~~~~~~~~)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (the "Vaccine Program"). The petition
seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu")
vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. §
I 00.3(a).
2. Petitioner received the flu ·vaccination on or about October 13, 2014.
3. The vaccine was administered within the United States.
4. Petitioner suffered a shoulder injury related to vaccine administration ("SIRVA").
This includes, but is not limited to, petitioner's right shoulder bursitis, right anterior shoulder
lesion, and nodular fasciitis.
5. Petitioner experienced the residual effects of her injury for more than six months.
6. There is not a preponderance of evidence demonstrating that petitioner's condition is
due to a factor unrelated to vaccination.

Case 1:15-vv-00874-UNJ Document 29 Filed 04/26/16 Page 4 of 7
7. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
8. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for her SIRVA. Therefore, a decision should be entered awarding the compensation described in
Paragraph 9 of this stipulation.
9. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $115,772.83 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§300aa-15(a).
10. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
11. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U .S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
2

Case 1:15-vv-00874-UNJ Document 29 Filed 04/26/16 Page 5 of 7
12. Payment made pursuant to paragraph 9 of this Stipulation, and any amounts awarded
pursuant to paragraph I 0 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
13. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past out-of-pocket expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict constrnction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
14. In return for the payments desc1ibed in paragraphs 9 and 10, petitioner, in her
individual capacity, and on behalf of his heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the flu vaccine administered on or
about October 13, 2014, as alleged by petitioner in a petition for vaccine compensation filed on
or about August 13, 2015, in the United States Court of Federal Claims as petition No. 15-874V.
15. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:15-vv-00874-UNJ Document 29 Filed 04/26/16 Page 6 of 7
16. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
17. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 10 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
/
4

Case 1:15-vv-00874-UNJ Document 29 Filed 04/26/16 Page 7 of 7
Respectfully submitted,
PETITIONER:
l&YtJKm
ATTORNEY OF RECO AUTHORIZED REPRESENTATIVE
PETITI R: OF THE A TIORNEY GENERAL:
!id~l&~
I
IM J. MULLER
Muller Brazil, LLP Deputy Director
715 Twining Road Torts Branch
Suite 107 Civil Division
Dresher, PA 19025 U.S. Department of Justice
(215) 885-1655 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND VICES:
OUSTON, M.D., M.P.H, FAAP DARRYLR. WISHARD
Acting Director, Division of Vaccine Senior Trial Attorney
Injury Compensation (DVIC), Acting Director Torts Branch
Countenneasures Injury Compensation Civil Division
Program (CICP) U.S. Department of Justice
Healthcare Systems Bureau, U.S. Department P.O. Box 146
Of Health and Human Services Benjamin Franklin Station
5600 Fishers Lane Washington, DC 20044-0146
Parklawn Building, Mail Stop l lC-26 (202) 616-4357
Rockville, MD 20857
Dated: f :2 { 1 {1 :L
5

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00874-2
Date issued/filed: 2016-04-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/08/2015) regarding 23 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00874-UNJ Document 30 Filed 04/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0874V
Filed: December 8, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL PEDRAZA, *
*
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.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On August 13, 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 an
influenza (flu) vaccine she received on October 14, 2014. On December 7, 2015, the
undersigned issued a decision awarding compensation to petitioner based on parties’
joint stipulation.
On December 8, 2015, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $15,500.00. 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-00874-UNJ Document 30 Filed 04/27/16 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 $15,500.00,3 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.
2