VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01131
Package ID: USCOURTS-cofc-1_15-vv-01131
Petitioner: Susanne Whirley
Filed: 2015-10-06
Decided: 2016-05-06
Vaccine: influenza
Vaccination date: 2014-10-03
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 71047

AI-assisted case summary:
On October 6, 2015, Susanne Whirley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused in fact by an influenza vaccine she received on October 3, 2014. The case was assigned to the Special Processing Unit. On January 28, 2016, the respondent filed a Rule 4(c) report conceding that Ms. Whirley's left shoulder injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that she met the statutory requirements for compensation, having suffered the condition for more than six months. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Whirley entitled to compensation. Subsequently, on February 18, 2016, the parties submitted a proffer on the award of compensation. The respondent proffered an award of $70,000.00 for pain and suffering and $1,046.93 to satisfy a Medicaid lien, representing full satisfaction of any claim the State of Illinois might have for Medicaid payments made to Ms. Whirley. Ms. Whirley agreed with the proffered award. Chief Special Master Dorsey issued a decision awarding Ms. Whirley a total of $71,047.00, consisting of a lump sum of $70,000.00 payable to Ms. Whirley and a lump sum of $1,046.93 payable to Ms. Whirley and Optum to satisfy the Illinois Medicaid lien. On March 8, 2016, Ms. Whirley filed a motion for attorneys' fees and costs, requesting $14,077.00 in fees and $1,687.30 in costs, for a total of $15,764.30. The respondent did not object to this motion. On March 17, 2016, Chief Special Master Dorsey granted the motion, awarding $15,764.30 as a lump sum payable jointly to Ms. Whirley and her counsel, Muller Brazil, LLP. The attorneys for the petitioner were Paul R. Brazil and Muller Brazil, LLP. The attorney for the respondent was Debra A. Filteau Begley. The Special Master was Nora Beth Dorsey.

Theory of causation field:
Petitioner Susanne Whirley alleged that an influenza vaccine administered on October 3, 2014, caused a left shoulder injury. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that petitioner met the statutory requirements, including suffering the condition for more than six months. The case was processed through the Special Processing Unit. The public decision does not describe the specific medical onset, symptoms, diagnostic tests, treatments, or expert testimony. The theory of causation relied upon was a Table-related injury (SIRVA). Petitioner was awarded $70,000.00 for pain and suffering and $1,046.93 for a Medicaid lien, totaling $71,047.00. Attorneys' fees and costs of $15,764.30 were awarded to petitioner's counsel, Muller Brazil, LLP. The decision on entitlement was issued on January 28, 2016, the damages decision on February 18, 2016, and the attorneys' fees decision on March 17, 2016, all by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01131-0
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/28/2016) regarding 15 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01131-UNJ Document 26 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1131V
Filed: January 28, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SUSANNE WHIRLEY, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Debra Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 6, 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 left shoulder injury which was
caused in fact by an influenza (“flu”) vaccine she received on October 3, 2014. Petition
at preamble. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 28, 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 states that “petitioner’s left shoulder injury is
consistent with a shoulder injury related to vaccine administration (‘SIRVA’). Based on
the medical records outlined above, petitioner met the statutory requirements by
suffering the condition for more than six months. Therefore, based on the record as it
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-01131-UNJ Document 26 Filed 05/04/16 Page 2 of 2
now stands, petitioner has satisfied all legal prerequisites for compensation under the
Act.” Id. at 4.
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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01131-1
Date issued/filed: 2016-05-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/18/2016) regarding 18 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01131-UNJ Document 27 Filed 05/06/16 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1131V
Filed: February 18, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SUSANNE WHIRLEY, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Left Shoulder
* Injury; Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Debra Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 6, 2015, Ms. Whirley 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 left shoulder injury which was
caused in fact by an influenza (“flu”) vaccine she received on October 3, 2014.
Petition at Preamble. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 28, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On February 18, 2016, respondent filed a proffer on award of
compensation [“Proffer”] stating petitioner should be awarded $70,000.00, in pain and
suffering and $1,046.93, for payment of a Medicaid lien. Proffer at 1. In the Proffer,
respondent represents that petitioner agrees with the proffered award. Based on the
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. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). 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-01131-UNJ Document 27 Filed 05/06/16 Page 2 of 5
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 the following:
A. A lump sum payment of $70,000.00, in the form of a check payable to
petitioner, Suzanne Whirley, and
B. A lump sum of $1,046.93, representing compensation for satisfaction of the
State of Illinois Medicaid lien, in the form of a check payable to petitioner
and Optum. Petitioner agrees to endorse this check to Optum and agrees to
mail payment to:
Optum
75 Remittance Drive
Suite 6019
Chicago, IL, 60675-6019
These amounts 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-01131-UNJ Document 27 Filed 05/06/16 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
SUSANNE WHIRLEY, *
*
Petitioner, * No. 15-1131V
* CHIEF SPECIAL MASTER
v. * NORA BETH DORSEY
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on January 28, 2016, conceding entitlement in this case. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $70,000.00 in pain and
suffering and $1,046.93 for payment of a Medicaid lien. The Medicaid lien represents full
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State
of Illinois may have against any individual as a result of any Medicaid payments the State of
Illinois has made to or on behalf of petitioner from the date of her eligibility for benefits through
the date of judgment in this case as a result of her vaccine-related injury suffered on or about
October 3, 2014, under Title XIX of the Social Security Act.
These payments represent all elements of competition to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a) for her vaccine-related injury.1 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.

Case 1:15-vv-01131-UNJ Document 27 Filed 05/06/16 Page 4 of 5
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through lump sum payments described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following:
A. A lump sum of $70,000.00 in the form of a check payable to petitioner, Suzanne
Whirley, and
B. A lump sum of $1,046.93, representing compensation for satisfaction of the State
of Illinois Medicaid lien, in the form of a check payable to petitioner and Optum.
Petitioner agrees to endorse this check to Optum and agrees to mail payment to:
Optum
75 Remittance Drive
Suite 6019
Chicago, IL 60675-6019
These amounts account for all elements of compensation under 42 U.S.C. § 300aa-15(a) to
which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
2

Case 1:15-vv-01131-UNJ Document 27 Filed 05/06/16 Page 5 of 5
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
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) 616-4181
Dated: February 18, 2016
3

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-01131-2
Date issued/filed: 2016-05-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/17/2016) regarding 21 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01131-UNJ Document 28 Filed 05/12/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1131V
Filed: March 17, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
SUSANNE WHIRLEY, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On October 6, 2015, Ms. Whirley 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 left shoulder injury which was
caused in fact by an influenza (“flu”) vaccine she received on October 3, 2014. Petition
at Preamble. On February 18, 2016, the undersigned issued a decision awarding
compensation to petitioner based on respondent’s proffer.
On March 8, 2016, petitioner filed a motion for attorneys’ fees and costs.
Petitioner requests attorneys’ fees in the amount of $14,077.00, and attorneys’ costs in
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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-01131-UNJ Document 28 Filed 05/12/16 Page 2 of 2
the amount of $1,687.30, for a total amount of $15,764.30. Id. at 2. In accordance with
General Order #9, petitioner’s counsel represents that petitioner incurred no out-of-
pocket expenses.
On March 16, 2016, respondent contacted the OSM Staff Attorney assigned to
this case stating that respondent did not intend to file an objection to petitioner’s motion.
See Informal Email Communication Docket Entry dated March 17, 2016.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs.
§ 15(e). Based on the reasonableness of petitioner’s request and the lack of opposition
from respondent, the undersigned GRANTS petitioner’s motion for attorneys’ fees and
costs.3
Accordingly, the undersigned awards the total of $15,764.30,4 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.5
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 The undersigned is granting petitioner’s motion based on the reasonableness of the overall amount
sought for attorneys’ fees and costs given the circumstances in this case. This decision should not be
interpreted as an acceptance of the reasonableness of either the hourly rate or amount of hours billed in
this case. In other cases, the undersigned may reduce either the hourly rate requested or the amount of
hours billed.
4 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, § 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 of Health & Human Servs.,
924 F.2d 1029 (Fed. Cir.1991).
5 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