VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01151 Package ID: USCOURTS-cofc-1_20-vv-01151 Petitioner: Sarah Hall Filed: 2020-09-04 Decided: 2023-08-18 Vaccine: influenza Vaccination date: 2017-10-01 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Sarah Hall filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on October 1, 2017. She further alleged that her injury had persisted for longer than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury, and denied that the flu vaccine caused any other injury or her current condition. Despite these denials, the parties filed a joint stipulation on July 14, 2023, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Sarah Hall was awarded a lump sum of $45,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was entered on August 18, 2023. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01151-0 Date issued/filed: 2023-08-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/17/2023) regarding 59 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01151-UNJ Document 62 Filed 08/18/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1151V SARAH HALL, Chief Special Master Corcoran Petitioner, Filed: July 17, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael Andrew London, Douglas & London, P.C., New York, NY, for Petitioner. Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 4, 2020, Sarah Hall 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”) as a result of an influenza vaccination she received on October 1, 2017. Petition at ¶¶ 3-4; Stipulation, filed at July 14, 2023, ¶¶ 2, 4. Petitioner further alleges that her injury has persisted for longer than six months. Petition at ¶ 9; Stipulation at ¶ 4. “Respondent denies “denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury; and further denies that the flu vaccine caused Petitioner to suffer from any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on July 14, 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. 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 1:20-vv-01151-UNJ Document 62 Filed 08/18/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $45,000.00 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 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 1:20-vv-01151-UNJ Document 62 Filed 08/18/23 Page 3 of 7 Case 1:20-vv-01151-UNJ Document 62 Filed 08/18/23 Page 4 of 7 Case 1:20-vv-01151-UNJ Document 62 Filed 08/18/23 Page 5 of 7 Case 1:20-vv-01151-UNJ Document 62 Filed 08/18/23 Page 6 of 7 Case 1:20-vv-01151-UNJ Document 62 Filed 08/18/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01151-cl-extra-10735103 Date issued/filed: 2024-06-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268513 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1151V SARAH HALL, Chief Special Master Corcoran Petitioner, v. Filed: May 3, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael Andrew London, Douglas & London, PC, New York, NY, for Petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 4, 2020, Sarah Hall 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”) as a result of an influenza vaccination she received on October 1, 2017. Petition at ¶¶ 3-4. On July 17, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 67. 1Because 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $20,338.98 (representing $18,879.50 in fees plus $1,459.48 in costs). Petitioner’s Application for Attorneys’ Fees (“Motion”) filed January 19, 2024, ECF No. 67. In accordance with General Order No. 9, Petitioner filed a signed statement indicating that she incurred no out-of-pocket expenses. Motion, Ex. 4. Respondent reacted to the motion on January 23, 2024, indicating 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, 3 n.2, ECF No. 68. Petitioner filed no reply. 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, Ex. 3 at 2 - 24. 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 $20,338.98 (representing $18,879.50 in fees plus $1,459.48 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Michael A. London, Esq. 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 filing a joint notice renouncing their right to seek review. 2