VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01303 Package ID: USCOURTS-cofc-1_20-vv-01303 Petitioner: Donna Battaglia Filed: 2020-10-01 Decided: 2025-02-13 Vaccine: influenza Vaccination date: 2017-10-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52000 AI-assisted case summary: On October 1, 2020, Donna Battaglia filed a petition alleging that an influenza vaccine administered on October 3, 2017 caused a shoulder injury related to vaccine administration. Respondent denied that Ms. Battaglia sustained a Table SIRVA, denied vaccine causation, and denied that her current condition was a vaccine-related sequela. The public stipulation does not describe onset, treatment, imaging, therapy, injections, or residual functional limitations. On February 13, 2025, Chief Special Master Brian H. Corcoran adopted the parties' stipulation and awarded a lump sum of $52,000.00 for all damages available under the Vaccine Act. A later fee award was separate from injury compensation. Theory of causation field: Influenza vaccine October 3, 2017 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table SIRVA/causation/sequelae; public stipulation lacks clinical detail. Award $52,000 lump sum. Chief SM Brian H. Corcoran; petition October 1, 2020; decision February 13, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01303-0 Date issued/filed: 2025-03-17 Pages: 7 Docket text: with complete stipulation) (sw).PUBLIC DECISION (Originally filed: 02/13/2025) regarding 57 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. (Main Document 60 replaced on 3/17/2025 -------------------------------------------------------------------------------- Case 1:20-vv-01303-UNJ Document 60 Filed 03/17/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1303V DONNA BATTAGLIA, Chief Special Master Corcoran Petitioner, Filed: February 13, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Robin J. Marzella, R.J. Marzella & Associates, P.C., Harrisburg, PA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 1, 2020, Donna Battaglia 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 (“flu”) vaccine that was administered on October 3, 2017. Petition at 1; Stipulation, filed on February 11, 2025, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 1, 6; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a Table injury for SIRVA, denies that the vaccine 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-01303-UNJ Document 60 Filed 03/17/25 Page 2 of 7 Nevertheless, on February 11, 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 $52,000.00, 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-01303-UNJ Document 60 Filed 03/17/25 Page 3 of 7 Case 1:20-vv-01303-UNJ Document 60 Filed 03/17/25 Page 4 of 7 Case 1:20-vv-01303-UNJ Document 60 Filed 03/17/25 Page 5 of 7 Case 1:20-vv-01303-UNJ Document 60 Filed 03/17/25 Page 6 of 7 Case 1:20-vv-01303-UNJ Document 60 Filed 03/17/25 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01303-cl-extra-11269757 Date issued/filed: 2026-03-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10803029 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1303V DONNA BATTAGLIA, Chief Special Master Corcoran Petitioner, v. Filed: January 29, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Robin J. Marzella, R.J. Marzella & Associates, P.C., Harrisburg, PA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 1, 2020, Donna Battaglia 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 as a result of an influenza vaccine that was administered on October 3, 2017. Petition, ECF No. 1. On February 13, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 57. 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $29,668.66 (representing $28,910.00 in fees, plus $758.66 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed July 8, 2025, ECF No. 62. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. Id. at 27. Respondent reacted to the motion on July 21, 2025, reporting that he is satisfied that the statutory requirements for an award of 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. 63. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The hourly rates requested by Robin Marzella, Charles Marsar and their supporting paralegals are consistent with our prior determinations and shall be awarded. For work performed by attorney Bob Cunningham, Petitioner requests $225.00 for 2023-24 and $325.00 for 2025. Mr. Cunningham was barred in the state of Pennsylvania in 2021 and is admitted to this Court. ECF No. 62 at 6. I find these rates to be reasonable and hereby award them in full. And all time billed to the matter was reasonably incurred. I have also reviewed the requested costs but find that Petitioner’s counsel did not substantiate some of the costs with the required supporting documentation, such as an invoice or proof of payment. See ECF No. 62 at 24-27. I will nevertheless reimburse the requested costs in full, since the overall amount sought is not particularly large. But Petitioner’s counsel should note that any future request for costs may result in a curtailed (or denied) award for failure to include the required supporting documentation. See Guidelines for Practice Under the National Vaccine Injury Compensation Program at 75- 78 (emphasis added). 3 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 $29,668.66 (representing $28,910.00 in fees, plus $758.66 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. 3 The guidelines for Practice Under the National Vaccine Injury Compensation Program can be found at: https://www.uscfc.uscourts.gov/guidelines-practice-under-national-vaccine-injury-compensation-program 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