VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01026 Package ID: USCOURTS-cofc-1_20-vv-01026 Petitioner: Sharla Doucette Filed: 2020-08-17 Decided: 2023-04-24 Vaccine: influenza Vaccination date: 2018-10-31 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 34000 AI-assisted case summary: On August 17, 2020, Sharla Doucette filed a petition alleging that an influenza vaccination administered on October 31, 2018 caused a shoulder injury related to vaccine administration. She alleged that the residual effects lasted for more than six months. Respondent denied that Ms. Doucette sustained a Table SIRVA, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a vaccine sequela. The public stipulation decision does not describe onset, treatment, imaging, injections, therapy, or functional limitations. Special Master Daniel T. Horner adopted the parties' stipulation on April 24, 2023. Ms. Doucette received $34,000.00 as a lump sum payable directly to her for all damages available under the Vaccine Act. A later August 15, 2024 decision concerned attorneys' fees and costs only. Theory of causation field: Adult petitioner; influenza vaccine October 31, 2018; alleged SIRVA. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public merits text lacks clinical details. Award $34,000.00 lump sum to petitioner. SM Horner April 24, 2023. Petition filed August 17, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01026-0 Date issued/filed: 2023-05-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/24/2023) regarding 47 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (st) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01026-UNJ Document 48 Filed 05/16/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1026V Filed: April 24, 2023 UNPUBLISHED SHARLA DOUCETTE, Petitioner, Joint Stipulation on Damages; v. Influenza (“Flu”) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Curtis R. Webb, Monmouth, OR, for petitioner. Lynn Christina Schlie , U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 17, 2020, 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”). Petitioner alleges that she developed a shoulder injury related to vaccine administration (SIRVA) as a result of his October 31, 2018 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed April 24, 2023, at ¶ 4. Petitioner alleges that she experienced residual effects of her condition for more than six months and represents that there has been no prior award or settlement of a civil action for damages arising out of this injury. Stipulation at ¶¶ 4-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that petitioner’s current condition is a sequela 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01026-UNJ Document 48 Filed 05/16/23 Page 2 of 7 Nevertheless, on April 24, 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 the decision of the Court in 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 $34,000.00 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 § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner 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 1:20-vv-01026-UNJ Document 48 Filed 05/16/23 Page 3 of 7 Case 1:20-vv-01026-UNJ Document 48 Filed 05/16/23 Page 4 of 7 Case 1:20-vv-01026-UNJ Document 48 Filed 05/16/23 Page 5 of 7 Case 1:20-vv-01026-UNJ Document 48 Filed 05/16/23 Page 6 of 7 Case 1:20-vv-01026-UNJ Document 48 Filed 05/16/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01026-cl-extra-11229583 Date issued/filed: 2025-12-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10762998 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1026V Filed: August 15, 2024 UNPUBLISHED SHARLA DOUCETTE, Special Master Horner Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Curtis R. Webb, Curtis R. Webb Attorney at Law, Monmouth, OR, for petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON ATTORNEYS’ FEES AND COSTS 1 On August 17, 2020, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (2012), 2 (the “Vaccine Act”). (ECF No. 1.) Petitioner alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”). (Id.) On April 24, 2023, the undersigned issued a decision awarding compensation to petitioner. (ECF No. 47.) On November 21, 2023, petitioner filed a final motion for attorneys’ fees and costs. (ECF No. 51.) Petitioner requests a total of $27,843.98 for attorneys’ fees and costs, including $27,314.75 for attorneys’ fees and $529.23 for costs. (Id. at 2.) On November 29, 2023, respondent filed a response to petitioner’s motion. (ECF No. 52.) Respondent argues that “[n]either the Vaccine Act nor Vaccine Rule 13 requires respondent to file a response to a request by petitioner for an award of 1 Because this document 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 document 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 Within this decision, all citations to § 300aa will be the relevant sections of the Vaccine Act at 42 U.S.C. § 300aa-10, et seq. attorneys’ fees and costs.” Id. at 1. Respondent adds, however, that he “is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case.” Id. at 2. Respondent requests that the court exercise its discretion and determine a reasonable award for attorneys’ fees and costs. Id. at 3. The undersigned has reviewed the billing records submitted with petitioner’s request. (ECF No 51-1.) In the undersigned’s experience, the request appears reasonable, and the undersigned finds no cause to reduce the requested hours or rates. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 300aa-15(e). Based on the reasonableness of petitioner’s request, the undersigned GRANTS petitioner’s motion for attorneys’ fees and costs. Accordingly, the undersigned awards the total of $27,843.98 3 as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel Curtis R. Webb. The clerk of the court shall enter judgment in accordance herewith. 4 IT IS SO ORDERED. s/Daniel Horner Daniel Horner Special Master 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, including “advanced costs” as well as fees for legal services rendered. Furthermore, § 300aa-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), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2