In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-351V

Filed: November 5, 2014

Not for Publication

*************************************

MARILYN ERICKSON, *

* Damages decision based on

Petitioner, * stipulation; tetanus-diphtheria-

* acellular pertussis (Tdap) vaccine;

v. * shoulder injury; rotator cuff tear;

 * tendinitis; impingement syndrome;

SECRETARY OF HEALTH * bursitis; fees and costs decision

AND HUMAN SERVICES, * based on stipulation

 *

 Respondent. *

*

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Paul R. Brazil, Philadelphia, PA, for petitioner.

Lisa A. Watts, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1

On November 5, 2014, the parties filed the attached stipulation in which they agreed to 

settle this case and described the settlement terms. Petitioner alleges that she suffered left 

shoulder injuries, including a rotator cuff tear, tendinitis, impingement syndrome, and/or bursitis,

as a result of her receipt of tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on March 5, 

2013. Petitioner further alleges that she suffered the residual effects of this injury for more than 

six months. Respondent denies that the Tdap vaccine caused petitioner’s alleged left shoulder 

injuries or any other injury, and further denies that petitioner’s current disabilities are sequelae of 

a vaccine-related injury. Nonetheless, the parties agreed to resolve this matter informally.

 

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 

2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be 

made available to the public unless they contain trade secrets or commercial or financial information that 

is privileged and confidential, or medical or similar information whose disclosure would constitute a 

clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify 

and move to redact such information prior to the document=s disclosure. If the special master, upon 

review, agrees that the identified material fits within the banned categories listed above, the special 

master shall redact such material from public access.
2

The court finds the terms of the stipulation to be reasonable, hereby adopts the parties’ 

stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant 

to the attached stipulation, the court awards $135,000.00 for reimbursement for all damages that 

would be available under 42 U.S.C. § 300aa-15(a) (2006).

The parties have also agreed on an appropriate amount for attorneys’ fees and costs in 

this case. In accordance with General Order #9, petitioner asserts that she did not incur out-ofpocket expenses in pursuit of her petition. Petitioner requests $12,258.22 in attorneys’ fees and 

costs. Respondent does not object to this amount. The undersigned finds this amount to be 

reasonable. 

In sum, the court awards:

a. a lump sum of $135,000.00, representing compensation for all damages that would be 

available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check 

made payable to petitioner in the amount of $135,000.00; and

b. a lump sum of $12,258.22, representing reimbursement for attorneys’ fees and costs. 

The award shall be in the form of a check made payable jointly to petitioner and 

Muller Brazil, LLP in the amount of $12,258.22.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: November 5, 2014 /s/ Laura D. Millman 

Laura D. Millman

Special Master

 

2

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.