VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01462 Package ID: USCOURTS-cofc-1_19-vv-01462 Petitioner: J.M. Filed: 2019-09-23 Decided: 2023-07-11 Vaccine: pneumococcal conjugate Vaccination date: 2016-10-12 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 115939 AI-assisted case summary: On September 23, 2019, J.M. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from a pneumococcal conjugate (Prevnar 13) vaccination received on October 12, 2016. The case was assigned to the Special Processing Unit. On July 11, 2022, a ruling on entitlement found J.M. entitled to compensation for SIRVA. On June 2, 2023, the respondent filed a proffer on award of compensation, recommending a total award of $115,939.92. This amount included $110,000.00 for pain and suffering, $1,170.99 for past unreimbursable expenses, and $4,768.93 for lost wages. The respondent stated that J.M. agreed with the proffered award. Chief Special Master Brian H. Corcoran reviewed the record and found J.M. entitled to the award as stated in the proffer. Pursuant to the terms of the proffer, Chief Special Master Corcoran awarded J.M. a lump sum payment of $115,939.92, payable by check to J.M., as compensation for all damages available under Section 15(a) of the Vaccine Act. The Clerk of Court was directed to enter judgment in accordance with this decision. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Mitchell Jones of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by J.M., nor does it name any medical experts. Theory of causation field: J.M. filed a petition on September 23, 2019, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following a pneumococcal conjugate (Prevnar 13) vaccination on October 12, 2016. The case was processed as a SIRVA Table injury. A ruling on entitlement issued on July 11, 2022, found J.M. entitled to compensation. Respondent filed a proffer on June 2, 2023, recommending an award of $115,939.92, which included $110,000.00 for pain and suffering, $1,170.99 for past unreimbursable expenses, and $4,768.93 for lost wages. J.M. agreed with the proffered award. Chief Special Master Brian H. Corcoran awarded J.M. the total sum of $115,939.92 as a lump sum payment. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Mitchell Jones. The public decision does not detail the specific mechanism of injury or name any medical experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01462-0 Date issued/filed: 2023-07-11 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 06/02/2023) regarding 83 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01462-UNJ Document 87 Filed 07/11/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1462V UNPUBLISHED J.M., Chief Special Master Corcoran Petitioner, Filed: June 2, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 23, 2019, J.M. 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 shoulder injury related to vaccine administration (SIRVA) resulting from the administration of a pneumococcal conjugate (Prevnar 13) vaccination on October 12, 2016. Amended Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 11, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On June 2, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $115,939.92, consisting of $110,000.00, in pain and suffering, $1,170.99, in past unreimbursable expenses, and $4,768.93, in lost wages. Proffer at 1-2. In the Proffer, Respondent 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required 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). This means the Decision will be available to anyone with access to the internet. 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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01462-UNJ Document 87 Filed 07/11/23 Page 2 of 5 represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $115,939.92 (consisting of $110,000.00, in pain and suffering, $1,170.99, in past unreimbursable expenses, and $4,768.93, in lost wages) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran 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 1:19-vv-01462-UNJ Document 87 Filed 07/11/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) J.M, ) ) Petitioner, ) No. 19-1462V ) Chief Special Master Corcoran v. ) ECF ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 23, 2019, J.M. (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of a Pneumococcal Conjugate (“Prevnar”) vaccine she received on October 12, 2016. Petition at 1. On June 28, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on July 11, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 65, 66. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $110,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:19-vv-01462-UNJ Document 87 Filed 07/11/23 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,170.99. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that she incurred past lost wages related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $4,768.93. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following: 1 a lump sum payment of $115,939.92 in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, J.M.: $115,939.92 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 pain and suffering, and future lost wages. 2 Case 1:19-vv-01462-UNJ Document 87 Filed 07/11/23 Page 5 of 5 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Mitchell H. Jones MITCHELL H. JONES 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) 305-1748 mitchell.jones@usdoj.gov DATED: June 2, 2023 3 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-01462-cl-extra-10736037 Date issued/filed: 2024-03-04 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269447 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1462V J.M., Chief Special Master Corcoran Petitioner, v. Filed: January 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 23, 2019, J.M. 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 shoulder injury related to vaccine administration resulting from the administration of a pneumococcal conjugate vaccination on October 12, 2016. Petition, ECF No. 1. On June 2, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 83. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other inf ormation, the disclosure of which would constitute an unwarranted invasion of privacy. If , upon review, I agree that the identified material fits within this definition, I will redact such material f rom public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $53,173.07 (representing $52,367.50 in fees plus $805.57 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Nov. 6, 2023, ECF No. 51. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred $31.50 in out-of-pocket expenses. ECF No. 89. Respondent reacted to the motion on Nov. 8, 2023, reporting that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 90. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. Motion at 47-61. Respondent offered no specific objection to the rates or amounts sought. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Accordingly, Petitioner is awarded the total amount of $53,204.57 3 as follows: • A lump sum of $53,173.07, representing reimbursement for fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel and; • A lump sum of $31.50, representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this Decision. 4 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 f ees f or 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). 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3