VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00963
Package ID: USCOURTS-cofc-1_15-vv-00963
Petitioner: Laura Goldstein
Filed: 2016-01-15
Decided: 2016-05-04
Vaccine: influenza
Vaccination date: 2014-01-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 116559

AI-assisted case summary:
Laura Goldstein filed a petition for compensation under the National Vaccine Injury Compensation Program on January 15, 2016, alleging that she suffered shoulder injuries caused by an influenza vaccination received on January 8, 2014. The case was assigned to the Special Processing Unit. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 14, 2016, conceding that petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the flu vaccination. Respondent further agreed that petitioner met all legal prerequisites for compensation. Based on respondent's concession and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, on May 4, 2016, a decision awarding damages was issued. Respondent had proffered an award of $100,000.00 for damages and $16,559.18 for attorneys' fees and costs, to which petitioner agreed. The court awarded a lump sum of $100,000.00 to Laura Goldstein for damages and a lump sum of $16,559.18 jointly to petitioner and her attorney for fees and costs, totaling $116,559.18.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00963-0
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/15/2016) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00963-UNJ Document 27 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-963V
Filed: January 15, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LAURA GOLDSTEIN, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil LLP, Dresher, PA, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 2, 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 from shoulder injuries
which were caused-in-fact by an influenza [“flu”] vaccination she received on January 8,
2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On January 14, 2016, 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 “believes that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (‘SIRVA’) and finds
the case compensable.” Id. Respondent “further agrees that petitioner’s SIRVA was
caused-in-fact by the flu vaccination she received on January 8, 2014.” Id. at 3.
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-00963-UNJ Document 27 Filed 05/04/16 Page 2 of 2
Additionally, respondent agrees that “petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds 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-00963-1
Date issued/filed: 2016-05-04
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 1/15/2016) regarding 23 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer,, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00963-UNJ Document 28 Filed 05/04/16 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-963V
Filed: January 15, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LAURA GOLDSTEIN, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil LLP, Dresher, PA, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On September 2, 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 from shoulder injuries
which were caused-in-fact by an influenza vaccination she received on January 8, 2014.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 15, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a shoulder injury related to vaccine administration
[“SIRVA”]. On January 14, 2016, respondent filed a proffer on award of compensation
[“Proffer”] indicating petitioner should be awarded $100,000.00. 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-00963-UNJ Document 28 Filed 05/04/16 Page 2 of 5
Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the Proffer.
Respondent further proffered that petitioner shoulder be awarded $16,559.18 for
attorneys’ fees and costs. Proffer at 1. In accordance with General Order #9, the
Proffer indicates that petitioner represents that she incurred no out-of-pocket expenses.
The Proffer further indicates that petitioner agrees with the proffered award. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
A. A lump sum payment of $100,000.00 in the form of a check payable to
petitioner, Laura Goldstein. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
B. A lump sum payment of $16,559.183 in the form of a check jointly payable
to petitioner and petitioner’s counsel, Maximillian J. Muller, Esq., for
attorneys’ fees and costs.
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 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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LAURA GOLDSTEIN, )
)
)
Petitioner, ) No. 15-963V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on January 14, 2016.
A. Damages
Respondent proffers that petitioner should be awarded $100,000.00. This amount
represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
B. Attorneys’ Fees and Costs
Petitioner has supplied documentation of reasonable attorney’s fees and litigation costs in
the amount of $16,559.18, incurred in pursuit of this petition. In compliance with General Order
#9, petitioner has indicated that she did not incur any out-of-pocket expenses in proceeding on
the petition. Respondent proffers that petitioner should be awarded $16,559.18, for attorneys’
fees and costs. Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through

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lump sum payments as described below and request that the Chief Special Master’s decision and
the Court’s judgment award the following:1
A. A lump sum payment of $100,000.00, which represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a), in the form of a check
payable to petitioner; and
B. A lump sum payment of $16, 559.18, in the form of a check payable to petitioner
and petitioner’s attorney, Maximillian J. Mueller, Esq., for attorneys’ fees and costs. Petitioner
agrees to endorse this payment to her attorney.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner: $100,000.00
B. Reasonable Attorney’s Fees and Costs: $16,559.18
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
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 pain and suffering, and future lost wages.
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s/Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: January 14, 2016 Telephone: (202) 616-4133
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