VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00743 Package ID: USCOURTS-cofc-1_13-vv-00743 Petitioner: Holly Grant Filed: 2013-09-26 Decided: 2014-03-26 Vaccine: influenza Vaccination date: 2010-09-28 Condition: left arm and left shoulder pain Outcome: compensated Award amount USD: AI-assisted case summary: Holly Grant filed a petition on September 26, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a flu vaccine administered on September 28, 2010, caused her to suffer pain in her left arm and left shoulder. Special Master Nora Beth Dorsey issued a ruling on entitlement on December 11, 2013. A decision awarding compensation based on a stipulation between the parties was entered on February 6, 2014. The specific details of the compensation award are not available in the public staging text. On February 25, 2014, petitioner's counsel filed a motion requesting $4,387.64 in attorneys' fees and costs, representing $23.60 in out-of-pocket expenses incurred by the petitioner. Respondent's counsel indicated no objection to this request. Special Master Dorsey granted the motion, approving an award of $4,387.64, payable by check jointly to Holly Grant and her counsel, Sherry Kay Drew of McDowell & Drew, Ltd. The decision regarding attorneys' fees and costs was issued on March 26, 2014. The public staging text does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of injury. Theory of causation field: Petitioner Holly Grant alleged that a flu vaccine received on September 28, 2010, caused left arm and left shoulder pain, consistent with SIRVA (Shoulder Injury Related to Vaccine Administration). Special Master Nora Beth Dorsey ruled on entitlement on December 11, 2013, and a compensation award was entered on February 6, 2014, based on a stipulation. The specific details of the compensation award are not available in the public staging text. Attorneys' fees and costs were awarded in the amount of $4,387.64, including $23.60 in out-of-pocket expenses, by Special Master Dorsey on March 26, 2014. Petitioner's counsel was Sherry Kay Drew of McDowell & Drew, Ltd., and respondent's counsel was Debra A. Filteau Begley. The public staging text does not detail the medical mechanism of injury or name any medical experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00743-cl-extra-2648199 Date issued/filed: 2013-12-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 2648199 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: December 11, 2013) * * * * * * * * * * * * * * * UNPUBLISHED HOLLY GRANT, * * No. 13-743V Petitioner, * * v. * Special Master Dorsey * SECRETARY OF HEALTH * Ruling on Entitlement; Conceded; AND HUMAN SERVICES, * Influenza (Flu) Vaccine; Pain in Left * Arm and Shoulder; Shoulder Injury Respondent. * Related to Vaccination Administration * (SIRVA). * * * * * * * * * * * * * * * Sherry Kay Drew, McDowell & Drew, Ltd., Glenview, IL, for petitioner. Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On September 26, 2013, Holly Grant (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program (“the Program”)2 alleging that she received a flu vaccination on September 28, 2010, and thereafter suffered pain in her left arm and shoulder. See Petition (“Pet.”) at 1. On December 9, 2013, respondent filed a report pursuant to Vaccine Rule 4(c) in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Report at 3. Specifically, respondent states that petitioner’s alleged injury is consistent with a shoulder injury 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In accordance with the Vaccine Rules, each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. related to vaccination administration (“SIRVA”). Id. Respondent further states that petitioner’s claim satisfies the requirements set forth in Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274, 1278 (Fed. Cir. 2005), and that no other cause has been identified for petitioner’s SIRVA. Id. Based on a review of the medical records, respondent states that petitioner meets the statutory requirements by suffering her condition for more than six months and, therefore, petitioner has satisfied all legal prerequisites for compensation under the Act. Id. A special master may determine whether a petitioner is entitled to compensation based upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of respondent’s concession and a review of the record, the undersigned finds that petitioner is entitled to compensation. This matter shall now proceed to the damages phase. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00743-1 Date issued/filed: 2014-03-26 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/05/2014) regarding 21 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00743-UNJ Document 22 Filed 03/26/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-743V March 5, 2014 * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED HOLLY GRANT, * * Special Master Dorsey Petitioner, * * Influenza (Flu) Vaccine; Arm Pain; v. * Shoulder Pain; Attorneys’ Fees and * Costs; Reasonable Amount SECRETARY OF HEALTH * Requested to Which Respondent AND HUMAN SERVICES, * Does Not Object. * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Sherry Kay Drew, McDowell & Drew, Ltd., Glenview, IL, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 On September 26, 2013, Holly Grant (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program,2 42 U.S.C. §§ 300aa-1 to -34 (2006), in which she alleged that she suffered left arm and left shoulder pain as a result of receiving a flu vaccine on September 28, 2010. The undersigned determined that petitioner is entitled to compensation. Ruling on Entitlement, filed December 11, 2013, at 2. On February 6, 2014, a decision awarding compensation to petitioner based on the parties’ stipulation was entered. 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, 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)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:13-vv-00743-UNJ Document 22 Filed 03/26/14 Page 2 of 2 On February 25, 2014, petitioner’s counsel filed a motion requesting $4,387.64 in attorneys’ fees and costs. In accordance with General Order #9, petitioner’s counsel represents that petitioner has incurred $23.60 in out-of-pocket expenses in pursuing her petition. After petitioner’s counsel’s motion was filed, respondent’s counsel contacted the court to note her lack of objection to the requested fees and costs. 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 motion, the undersigned GRANTS the request for approval and payment of attorneys’ fees and costs. Accordingly, an award should be made as follows: A lump sum of $4,387.64, in the form of a check jointly payable to petitioner and to Ms. Sherry K. Drew of the law firm of McDowell & Drew, Ltd. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT herewith.3 IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.