VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00341
Package ID: USCOURTS-cofc-1_16-vv-00341
Petitioner: Paul Hillen
Filed: 2016-08-26
Decided: 2017-01-10
Vaccine: Tdap
Vaccination date: 2014-02-03
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Paul Hillen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging injury after receiving the tetanus, diphtheria, acellular pertussis (Tdap) vaccine on February 3, 2014. He claimed to have suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused in fact by the Tdap vaccine. The respondent believed Mr. Hillen satisfied all legal prerequisites for compensation. Based on this concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Hillen entitled to compensation. Subsequently, the parties filed a proffer on award of compensation, agreeing to a lump sum payment of $100,000.00. This amount was awarded to Mr. Hillen as compensation for all damages available under the Act. The decision was issued on January 10, 2017, following the entitlement ruling on November 2, 2016, and the petition filing on August 26, 2016.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00341-0
Date issued/filed: 2016-11-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/26/2016) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00341-UNJ Document 29 Filed 11/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0341V
Filed: August 26, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAUL HILLEN, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus, Diphtheria, acellular Pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Julia McInerny, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 16, 2016, Paul Hillen (“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 injury after
receiving the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on February 3,
2014. Petition at 1, ¶¶ 2, 4. Petitioner further alleges that he has suffered the residual
effects of his injury for more than six months, and he has not received compensation for
his injury. Id. at ¶¶ 4, 17-18, 20. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On August 22, 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 the alleged injury is consistent with SIRVA,
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 (2012)). 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 1:16-vv-00341-UNJ Document 29 Filed 11/02/16 Page 2 of 2
and that it was caused in fact by the Tdap vaccine petitioner received on February 3,
2014.” Id. at 4. Furthermore, respondent believes that “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, I find 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_16-vv-00341-1
Date issued/filed: 2017-01-10
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/11/2016) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00341-UNJ Document 30 Filed 01/10/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-341V
Filed: October 11, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAUL HILLEN, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus, Diphtheria, acellular Pertussis
* (“Tdap”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration;
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 16, 2016, Paul Hillen (“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 injury after
receiving the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on February 3,
2014. Petition at 1, ¶¶ 2, 4. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 26, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for her shoulder injury. On October 11, 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
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 1:16-vv-00341-UNJ Document 30 Filed 01/10/17 Page 2 of 4
that petitioner agrees with the proffered award. Id. 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 $100,000.00 in the form of a check payable to
petitioner, Paul Hillen. 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 1:16-vv-00341-UNJ Document 30 Filed 01/10/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
PAUL HILLEN, )
)
Petitioner, )
) No. 16-341V
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
$100,000.00 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 $100,000.00 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.

Case 1:16-vv-00341-UNJ Document 30 Filed 01/10/17 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting 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: October 11, 2016
2