VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00969
Package ID: USCOURTS-cofc-1_15-vv-00969
Petitioner: Frank Stendal
Filed: 2015-12-03
Decided: 2016-04-27
Vaccine: Tdap
Vaccination date: 2014-09-02
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Frank Stendal filed a petition for compensation on September 3, 2015, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus-diphtheria and acellular pertussis (Tdap) vaccination on September 2, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 3, 2015, conceding that Mr. Stendal's injury was consistent with SIRVA and was caused in fact by the Tdap vaccine. The respondent further agreed that no other cause for the injury was identified, that the sequelae persisted for more than six months, and that Mr. Stendal met the statutory requirements for entitlement. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on December 3, 2015, finding Mr. Stendal entitled to compensation. Subsequently, on December 16, 2015, the respondent filed a proffer on award of compensation, proposing an award of $80,000.00, which Mr. Stendal agreed to. On April 27, 2016, Chief Special Master Dorsey issued a Decision Awarding Damages, granting Mr. Stendal a lump sum payment of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties later filed a Stipulation of Fact Concerning Attorneys' Fees and Costs on January 11, 2016. On May 4, 2016, Chief Special Master Dorsey issued a Decision on Attorneys' Fees and Costs, approving and awarding a total of $11,784.47 as a lump sum, jointly payable to Mr. Stendal and his counsel, Muller Brazil, LLP. Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and respondent was represented by Traci Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Frank Stendal alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on September 2, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the Tdap vaccine. The respondent also agreed that no other cause was identified and that the injury's sequelae persisted for more than six months, meeting statutory entitlement requirements. The case proceeded to an award based on the respondent's concession and proffer. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on December 3, 2015, and a Damages Decision on April 27, 2016, awarding a lump sum of $80,000.00. Attorneys' fees and costs totaling $11,784.47 were awarded on May 4, 2016, jointly to petitioner and his counsel, Muller Brazil, LLP. Petitioner was represented by Paul Brazil, and respondent by Traci Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00969-0
Date issued/filed: 2016-04-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/03/2015) regarding 13 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00969-UNJ Document 24 Filed 04/25/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-969V
Filed: December 3, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
FRANK STENDAL, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus-diphtheria-acellular pertussis
* (“Tdap”); Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 3, 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 he suffered a shoulder injury
following receipt of his September 2, 2014 Tetanus-diphtheria and acellular pertussis
(“Tdap”) vaccination. Petition at 2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On December 3, 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 petitioner’s injury is
consistent with shoulder injury related to vaccine administration (“SIRVA”), and that it
was caused in fact by the Tdap vaccine he received on or about September 2, 2014.”
Id. at 4. Respondent further agrees that no other cause of petitioner’s injury has been
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-00969-UNJ Document 24 Filed 04/25/16 Page 2 of 2
identified, that the sequela of petitioner’s injury persisted for more than six months, and
that petitioner has met the statutory requirements for entitlement to compensation. 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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00969-1
Date issued/filed: 2016-04-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/16/2015) regarding 16 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00969-UNJ Document 25 Filed 04/27/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-969V
Filed: December 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
FRANK STENDAL, *
*
Petitioner, * Damages Decision Based on Proffer;
* Tetanus-diphtheria-acellular pertussis
* (“Tdap”); Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 3, 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 he suffered a shoulder injury
following receipt of his September 2, 2014 Tetanus-diphtheria and acellular pertussis
(“Tdap”) vaccination. Petition at 2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On December 3, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA:”). On December 16, 2015, respondent filed a proffer on award of
compensation [“Proffer”] indicating petitioner should be awarded $80,000.00. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
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-00969-UNJ Document 25 Filed 04/27/16 Page 2 of 4
award. 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 $80,000.00 in the form of a check payable to
petitioner, Frank Stendal. 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.

Case 1:15-vv-00969-UNJ Document 25 Filed 04/27/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
FRANK STENDAL,
)
)
Petitioner,
) No. 15-969V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On December 3, 2015, Chief Special Master Dorsey issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to
Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that
petitioner should be awarded $80,000.00. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends 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.1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to entry of judgment, respondent reserves 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.

Case 1:15-vv-00969-UNJ Document 25 Filed 04/27/16 Page 4 of 4
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
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 353-1589
Dated: December 16, 2015 Fax: (202) 616-4310

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_15-vv-00969-2
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/12/2016) regarding 21 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00969-UNJ Document 26 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-969V
Filed: January 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
FRANK STENDAL, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On September 3, 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 he suffered a shoulder injury following
administration of his September 2, 2014 TDAP vaccination. On December 16, 2015,
the undersigned issued a decision awarding compensation to petitioner based on
respondent’s proffer.
On January 11, 2016, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties stipulate to an award of
$11,784.47. 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-00969-UNJ Document 26 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 $11,784.473 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.