VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01162 Package ID: USCOURTS-cofc-1_20-vv-01162 Petitioner: Ricki Lagozzino Filed: 2020-09-08 Decided: 2025-08-01 Vaccine: influenza and Tdap Vaccination date: 2017-09-08 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: On September 8, 2020, Ricki Lagozzino filed a petition seeking compensation under the Vaccine Act. She alleged that she suffered a Table shoulder injury related to vaccine administration after receiving influenza and tetanus-diphtheria-acellular pertussis (Tdap) vaccinations on September 8, 2017. She stated that the vaccinations were administered in the United States, that residual effects lasted more than six months, and that she had not received another civil award or settlement for the injury. The public stipulation gives limited clinical detail. It does not describe the exact onset, which arm was affected, physical examination findings, imaging, injections, physical therapy, surgery, or work limitations. It does show that respondent denied that Ms. Lagozzino sustained a Table SIRVA, denied that the flu and/or Tdap vaccines caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation on July 31, 2025. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the Court on August 1, 2025. The award was a lump sum of $45,000.00, payable through petitioner's counsel's IOLTA account for prompt disbursement to Ms. Lagozzino, and represented all damages available under Section 15(a). A later March 24, 2026 decision awarded attorneys' fees and costs separately, including amounts for current and former counsel, but that later fee award was not vaccine-injury compensation. Theory of causation field: Influenza and Tdap vaccines on September 8, 2017 allegedly caused shoulder injury related to vaccine administration (SIRVA). COMPENSATED by joint stipulation. Petition filed September 8, 2020; stipulation filed July 31, 2025; decision August 1, 2025 by Chief Special Master Brian H. Corcoran. Respondent denied Table SIRVA, causation by flu/Tdap, and vaccine-related sequelae. Public source gives limited clinical facts and no onset/treatment timeline. Award $45,000 lump sum via counsel IOLTA; March 24, 2026 fees/costs award of $56,687.39 was separate attorney compensation. Attorneys: John Robert Howie, Howie Law PC, Dallas TX; former counsel Ronald Craig Homer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01162-0 Date issued/filed: 2025-09-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/01/2025) regarding 52 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01162-UNJ Document 56 Filed 09/02/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1162V RICKI LAGOZZINO, Chief Special Master Corcoran Petitioner, Filed: August 1, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 8, 2020, Ricki Lagozzino 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 Table injury - shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of her September 8, 2017 influenza (“flu”) and tetanus-diphtheria-acellular pertussis ("Tdap") vaccinations. Petition at 1; Stipulation, filed July 31, 2025, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 1, 13-14. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu and/or Tdap vaccine(s) caused [P]etitioner's alleged shoulder injury, or any other injury; and denies that her 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:20-vv-01162-UNJ Document 56 Filed 09/02/25 Page 2 of 7 Nevertheless, on July 31, 2025, 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 $45,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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-01162-UNJ Document 56 Filed 09/02/25 Page 3 of 7 Case 1:20-vv-01162-UNJ Document 56 Filed 09/02/25 Page 4 of 7 Case 1:20-vv-01162-UNJ Document 56 Filed 09/02/25 Page 5 of 7 Case 1:20-vv-01162-UNJ Document 56 Filed 09/02/25 Page 6 of 7 Case 1:20-vv-01162-UNJ Document 56 Filed 09/02/25 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01162-cl-extra-11315878 Date issued/filed: 2026-04-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10848502 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1162V RICKI LAGOZZINO, Chief Special Master Corcoran Petitioner, Filed: March 24, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 8, 2020, Ricki Lagozzino 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 Table injury - shoulder injury related to vaccine administration as a result of the administration of her September 8, 2017 influenza and tetanus-diphtheria-acellular pertussis vaccinations. Petition, ECF No. 1. On August 1, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 52. 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 filed two Motions for attorneys’ fees and costs, requesting a total award of $56,687.39 (representing $39,271.25 in fees and costs incurred by Counsel of record: Mr. John Robert Howie, Esq., plus $17,416.14 in fees and costs incurred by former Counsel: Ronald Craig Homer, Esq.). See Applications for Fees and Costs, dated September 3, 2025, at ECF Nos. 57 and 58. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 57-4. Respondent reacted to both Applications for Fees and Costs on September 14, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case and deferring resolution of the amount to be awarded to my discretion. Response at 2-4, ECF Nos. 59 and 60. Petitioner indicated thereafter that he does not intend to file a substantive reply. ECF Nos. 61 and 62. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF Nos. 57-3 and 58 at 18-33. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. CONCLUSION 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. Petitioner is awarded attorney’s fees and costs in the total amount of $56,687.39 3 as follows: • A lump sum of $39,271.25, representing reimbursement for attorney’s fees and costs, to be paid through an ACH deposit to Petitioner’s counsel of record: John Robert Howie’s IOLTA account for prompt disbursement; and • A lump sum of $17,416.14, representing reimbursement for attorney’s fees and costs to be paid through an ACH deposit to Petitioner’s former counsel: Ronald Craig Homer’s IOLTA account for prompt disbursement. 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 fees for 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). 2 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 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 3