VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01992 Package ID: USCOURTS-cofc-1_19-vv-01992 Petitioner: Thomas Ahartz Filed: 2019-12-30 Decided: 2023-09-26 Vaccine: Tdap Vaccination date: 2018-04-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 22500 AI-assisted case summary: Thomas Ahartz filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that a Tdap vaccination administered on April 16, 2018, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). He claimed the injury was either a Table injury or caused-in-fact by the vaccine, that he experienced residual effects for more than six months, and that he had no prior award or settlement for this condition. Respondent denied that the Tdap vaccine caused his SIRVA or any other injury. The parties filed a joint stipulation on August 17, 2023, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Thomas Ahartz was awarded a lump sum of $22,500.00, representing compensation for all items of damages available under Section 15(a). The court directed that judgment be entered in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01992-0 Date issued/filed: 2023-09-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/21/2023) regarding 73 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01992-UNJ Document 77 Filed 09/26/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1992V THOMAS AHARTZ, Chief Special Master Corcoran Petitioner, Filed: August 21, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 30, 2019, Thomas Ahartz 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”) caused by a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccination administered on April 16, 2018. Petition at 1; Stipulation, filed at August 17, 2023, ¶¶ 1, 2. Petitioner further alleges that he suffered a SIRVA within the time period set forth in the Table, or that the Tdap vaccine caused-in-fact his SIRVA, that he experienced the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at 5-6; Stipulation at ¶¶ 3-5. “Respondent denies that the Tdap vaccine caused Petitioner to suffer a right SIRVA or any other injury, and denies that his current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 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 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 (2018). Case 1:19-vv-01992-UNJ Document 77 Filed 09/26/23 Page 2 of 7 Nevertheless, on August 17, 2023, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $22,500.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-01992-UNJ Document 77 Filed 09/26/23 Page 3 of 7 Case 1:19-vv-01992-UNJ Document 77 Filed 09/26/23 Page 4 of 7 Case 1:19-vv-01992-UNJ Document 77 Filed 09/26/23 Page 5 of 7 Case 1:19-vv-01992-UNJ Document 77 Filed 09/26/23 Page 6 of 7 Case 1:19-vv-01992-UNJ Document 77 Filed 09/26/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-01992-cl-extra-10736641 Date issued/filed: 2024-01-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270051 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1992V THOMAS AHARTZ, Chief Special Master Corcoran Petitioner, v. Filed: November 28, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 30, 2019, Thomas Ahartz 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 caused by a tetanus, diphtheria, acellular pertussis vaccination administered on April 16, 2018. Petition, ECF No. 1. On August 21, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 73. 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 $31,315.31 (representing $30,272.10 in fees plus $1,043.21 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Sept. 27, 2023, ECF No. 78. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. ECF No. 78-4. Respondent reacted to the motion on Oct. 3, 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. 79. 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. ECF No. 78-3. 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. I award a total of $31,315.31 (representing $30,272.10 in fees plus $1,043.21 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Jeffrey S. Pop. 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. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 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