VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01336 Package ID: USCOURTS-cofc-1_20-vv-01336 Petitioner: Francis Zilinski Filed: 2020-01-01 Decided: 2023-08-03 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 70000 AI-assisted case summary: This case involves a petitioner who received a vaccine and subsequently filed a claim for injury under the National Vaccine Injury Compensation Program. The specific vaccine, date of vaccination, petitioner's age, and the nature of the injury are not detailed in this damages award decision. The parties involved, the petitioner and the Secretary of Health and Human Services, filed a joint stipulation on June 29, 2023, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision. The court awarded the petitioner a lump sum of $70,000.00, intended to cover all available items of damages. The decision directs the Clerk of Court to enter judgment in accordance with this award, unless a motion for review is filed. The case was resolved through a stipulation between the parties, indicating an agreement on entitlement and damages. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01336-0 Date issued/filed: 2023-08-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/03/2023) regarding 59 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01336-UNJ Document 63 Filed 08/03/23 Page 1 of 7 Case 1:20-vv-01336-UNJ Document 63 Filed 08/03/23 Page 2 of 7 Nevertheless, on June 29, 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 $70,000.00 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-01336-UNJ Document 63 Filed 08/03/23 Page 3 of 7 Case 1:20-vv-01336-UNJ Document 63 Filed 08/03/23 Page 4 of 7 Case 1:20-vv-01336-UNJ Document 63 Filed 08/03/23 Page 5 of 7 Case 1:20-vv-01336-UNJ Document 63 Filed 08/03/23 Page 6 of 7 Case 1:20-vv-01336-UNJ Document 63 Filed 08/03/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01336-cl-extra-10735331 Date issued/filed: 2024-05-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268741 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1336V FRANCIS ZILINSKI, Chief Special Master Corcoran Petitioner, v. Filed: April 12, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Timothy J. Mason, Law Office of Sylvia Chin-Caplan, L.L.C., Boston, MA, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 7, 2020, Francis Zilinski 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 developed “brachial plexopathy and related conditions,” or that a pre-existing injury was significantly aggravated, as a result of an influenza (“flu’”) vaccine that was administered to him on October 17, 2017. Petition at 1. On July 3, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 59. 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 $25,178.70 (representing $24,790.20 in fees plus $469.50 in costs). Petitioner’s Application for Attorneys’ Fees (“Motion”) filed January 10, 2024, ECF No. 64. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred $531.50 of out-of-pocket expenses. Motion at 1. Respondent reacted to the motion on January 14, 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. 65. 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 at 23 - 41. 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, Petitioner is awarded the total amount of $25,710.20 as follows: • A lump sum of $25,178.70, representing reimbursement for attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Timothy J. Mason; and • A lump sum of $531.50, representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner. 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