VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01149
Package ID: USCOURTS-cofc-1_15-vv-01149
Petitioner: John Scannell
Filed: 2015-10-08
Decided: 2016-05-04
Vaccine: influenza
Vaccination date: 2014-10-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 111000

AI-assisted case summary:
John Scannell filed a petition for compensation under the National Vaccine Injury Compensation Program on October 8, 2015, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) in his right shoulder as a result of an influenza vaccine he received on October 22, 2014. The case was assigned to the Special Processing Unit. On December 16, 2015, the respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine received on October 22, 2014. Based on this concession and the record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 16, 2015, finding the petitioner entitled to compensation. Subsequently, on January 12, 2016, the parties filed a proffer on award of compensation. The respondent proffered that the petitioner should be awarded $111,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), and the petitioner agreed. Chief Special Master Dorsey issued a decision on January 12, 2016, awarding this lump sum payment to the petitioner, John Scannell. Separately, on January 21, 2016, the parties filed a stipulation of facts regarding final attorneys' fees and costs. They stipulated to an award of $14,500.00, to be paid as a lump sum in the form of a check jointly payable to the petitioner and his counsel, Muller Brazil, LLP. Chief Special Master Dorsey issued a decision on January 21, 2016, granting this request. 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. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner John Scannell alleged a shoulder injury related to vaccine administration (SIRVA) in his right shoulder following an influenza vaccine received on October 22, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. This concession led to a ruling on entitlement by Chief Special Master Nora Beth Dorsey on December 16, 2015. Subsequently, a proffer on award of compensation was filed on January 12, 2016, agreeing to a lump sum payment of $111,000.00 for all damages under 42 U.S.C. § 300aa-15(a). A separate stipulation for attorneys' fees and costs was filed on January 21, 2016, resulting in an award of $14,500.00, jointly payable to the petitioner and his counsel, Muller Brazil, LLP. The specific mechanism of injury, medical experts, or detailed clinical findings were not described in the public text. The theory of causation was based on the respondent's concession of SIRVA and cause-in-fact, which falls under an "Off-Table" theory as SIRVA is not specifically listed in the Vaccine Injury Table. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and respondent was represented by Darryl R. Wishard (U.S. Department of Justice). Chief Special Master Nora Beth Dorsey presided over the proceedings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01149-0
Date issued/filed: 2016-05-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/12/2016) regarding 17 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01149-UNJ Document 26 Filed 05/04/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1149V
Filed: January 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN SCANNELL, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; 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.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 8, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) in his right shoulder as a result of an influenza (“flu”) vaccine
he received on October 28, 2014. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 16, 2015, the undersigned issued a ruling finding that petitioner is
entitled to compensation. On January 12, 2016, respondent filed a proffer on award of
compensation [“Proffer”] stating petitioner should be awarded $111,000.00. Proffer at 2.
In the Proffer, respondent represents 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-01149-UNJ Document 26 Filed 05/04/16 Page 2 of 4
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 $111,000.00, in the form of a check payable to
petitioner, John Scannell. 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.
2

Case 1:15-vv-01149-UNJ Document 26 Filed 05/04/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JOHN SCANNELL, )
)
Petitioner, ) No. 15-1149V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On October 8, 2015, John Scannell (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. Petitioner alleges that as a result of receiving the influenza (“flu”) vaccine on
October 28, 2014,2 he suffered a shoulder injury related to vaccine administration (“SIRVA”) in
his right shoulder that was caused-in-fact by the vaccination. On December 16, 2015,
respondent filed her Vaccine Rule 4(c) report, conceding causation-in-fact for petitioner’s
SIRVA. On December 16, 2015, the Chief Special Master issued a ruling on entitlement, finding
that petitioner was entitled to compensation for a SIRVA caused by the flu vaccine.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
discuss after the Damages Decision is issued.
2 Based on the vaccination record filed, the correct date of vaccination is October 22,
2014. Petitioner’s Exhibit (“Pet. Ex.”) 5 at 1.

Case 1:15-vv-01149-UNJ Document 26 Filed 05/04/16 Page 4 of 4
$111,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $111,000.00, in the form of a check payable to petitioner.3
Petitioner agrees.
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
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: January 12, 2016 Fax: (202) 616-4310
3 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01149-1
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/16/2015) regarding 14 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01149-UNJ Document 27 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1149V
Filed: December 16, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN SCANNELL, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special 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.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 8, 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 as a result of receiving the influenza
(“flu”) vaccine on October 28, 2014, he suffered a shoulder injury related to vaccine
administration (“SIRVA”) to his right shoulder. Petition at 1-3. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On December 16, 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 alleged injury is
consistent with shoulder injury related to vaccine administration (“SIRVA”), and that it
was caused-in-fact by the flu vaccine he received on October 22, 2014… Therefore,
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-01149-UNJ Document 27 Filed 05/04/16 Page 2 of 2
based on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. at 3.
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 3: USCOURTS-cofc-1_15-vv-01149-2
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/21/2016) 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-01149-UNJ Document 28 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1149V
Filed: January 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN SCANNELL, *
*
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 October 8, 2015, John Scannell 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 related to vaccine
administration (“SIRVA”) in his right shoulder as a result of an influenza (“flu”) vaccine
he received on October 28, 2014. Petition at 1. On January 12, 2016, the undersigned
issued a decision awarding damages to petitioner based on a proffer filed by
respondent.
On January 21, 2016, the parties filed a Stipulation of Facts Regarding Final
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
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-01149-UNJ Document 28 Filed 05/04/16 Page 2 of 2
award of $14,500.00. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred no out-of-pocket expenses.
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 $14,500.00,3 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