VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00886 Package ID: USCOURTS-cofc-1_15-vv-00886 Petitioner: Christine Redlinger Filed: 2015-08-17 Decided: 2016-03-18 Vaccine: influenza Vaccination date: 2014-10-09 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Christine Redlinger filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 9, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 2, 2015, conceding that the evidence established that the injury to petitioner's left shoulder was caused-in-fact by the administration of the flu vaccine and that the statutory six-month sequela requirement was satisfied. Based on this concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 5, 2015, finding petitioner entitled to compensation. Subsequently, on November 19, 2015, the parties filed a proffer agreeing to an award of $80,000.00 for pain and suffering and unreimbursed medical expenses. Chief Special Master Dorsey issued a decision on March 18, 2016, awarding this lump sum payment to petitioner. Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and the respondent was represented by Christine Becer of the U.S. Department of Justice. On November 24, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Chief Special Master Dorsey issued a decision on March 23, 2016, awarding $13,963.90 in attorneys' fees and costs, payable jointly to petitioner and her counsel, Paul Brazil. Theory of causation field: Petitioner Christine Redlinger alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 9, 2014. The respondent conceded entitlement, agreeing that the evidence established the injury was caused-in-fact by the vaccine and met the statutory requirements. The specific mechanism of injury and expert testimony were not detailed in the provided public text. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey ruled on entitlement on November 5, 2015, and awarded $80,000.00 for pain and suffering and unreimbursed medical expenses on March 18, 2016, based on a proffer agreed to by both parties. Attorneys' fees and costs of $13,963.90 were awarded on March 23, 2016. Petitioner was represented by Paul Brazil and respondent by Christine Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00886-0 Date issued/filed: 2015-12-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/05/2015) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00886-UNJ Document 26 Filed 12/28/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-886V Filed: November 5, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHRISTINE REDLINGER, * * Petitioner, * Ruling on Entitlement; Concession; * Influenza Vaccination; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul Brazil, Muller Brazil, LLP, Philadelphia, PA, for petitioner. Christine Becer, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On August 17, 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 suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from the influenza vaccination she received on October 9, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 2, 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 October 9, 2014, flu vaccine, and that petitioner’s injury is not 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-00886-UNJ Document 26 Filed 12/28/15 Page 2 of 2 due to factors unrelated to the administration of the flu vaccine.” Id. at 3. Respondent further agrees that “the statutory six month sequela requirement has been satisfied.” Id. In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00886-1 Date issued/filed: 2016-03-18 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 11/19/2015) regarding 18 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.) (mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00886-UNJ Document 27 Filed 03/18/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-886V Filed: November 19, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHRISTINE REDLINGER, * * Petitioner, * Damages Decision Based on Proffer; * Influenza (“Flu”) Vaccine; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul Brazil, Muller Brazil, LLP, Philadelphia, PA, for petitioner. Christine Becer, U.S. Department of Justice, Washington, DC for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On August 17, 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 suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from the influenza vaccination she received on October 9, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 5, 2015, a ruling on entitlement was issued, finding that petitioner was entitled to compensation. On November 19, 2015, respondent filed a proffer on award of compensation [“Proffer”] stating that petitioner should be awarded $80,000.00 for pain and suffering and unreimbursed medical expenses. Proffer at 1. According to respondent’s Proffer, petitioner agrees to the proposed award of compensation. Id. 1 Because this unpublished decision 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-00886-UNJ Document 27 Filed 03/18/16 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $80,000.00 in the form of a check payable to petitioner, Christine Redlinger, for pain and suffering and suffering and unreimbursed medical expenses. 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 each party filing a notice renouncing the right to seek review. 2 CCaassee 11::1155--vvvv--0000888866--UUNNJJ DDooccuummeenntt 1277 FFiilleedd 1013//1198//1156 PPaaggee 13 ooff 24 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) CHRISTINE REDLINGER, ) ) Petitioner, ) ) No. 15-886V 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 $80,000.00 for pain and suffering and unreimbursed medical expenses, 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 $80,000.00 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--0000888866--UUNNJJ DDooccuummeenntt 1277 FFiilleedd 1013//1198//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: November 19, 2015 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_15-vv-00886-2 Date issued/filed: 2016-03-23 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/24/2015) regarding 23 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00886-UNJ Document 28 Filed 03/23/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-886V Filed: November 24, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHRISTINE REDLINGER, * * Petitioner, * v. * * Attorney Fees and Costs; Stipulation SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul Brazil, Muller Brazil, LLP, Philadelphia, PA, for petitioner. Christine Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEY FEES AND COSTS1 Dorsey, Chief Special Master: On August 17, 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 suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from the influenza vaccination she received on October 9, 2014. Petition at 1. On November 19, 2015, the undersigned issued a decision awarding compensation to petitioner based on respondent’s proffer to which petitioner agreed. See Proffer at 1. On November 24, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs. The parties stipulate to an award of $13,963.90 in 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision 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), petitioners have 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-00886-UNJ Document 28 Filed 03/23/16 Page 2 of 2 attorneys’ fees and costs. In accordance with General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-pocket expenses. Stipulation, ¶ 4. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. § 300 aa-15(e). The undersigned finds the proposed amount to be reasonable. Accordingly, I award the total $13,963.903 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Paul Brazil. 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 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. See Vaccine Rule 11(a). 2