VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01479 Package ID: USCOURTS-cofc-1_20-vv-01479 Petitioner: Angela Butts Filed: 2020-10-27 Decided: 2023-03-24 Vaccine: influenza Vaccination date: 2017-10-30 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Angela Butts filed a petition for compensation on October 27, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 30, 2017. Petitioner alleged that SIRVA is a Table Injury and that she experienced residual effects for more than six months post-vaccination. Respondent denied that the vaccine caused petitioner's alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. The parties filed a joint stipulation on February 21, 2023, agreeing to settle the case. Pursuant to the stipulation, Chief Special Master Brian H. Corcoran awarded Angela Butts $55,000.00 in compensation, payable as a lump sum in the form of a check. This amount represents compensation for all damages available under Section 15(a) of the National Vaccine Injury Compensation Program. The decision was filed on March 24, 2023. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC. Respondent was represented by Madelyn Weeks of the U.S. Department of Justice. Theory of causation field: Petitioner Angela Butts received an influenza vaccine on October 30, 2017. She alleged a left shoulder injury related to vaccine administration (SIRVA), which she claimed is a Table Injury with residual effects lasting more than six months. Respondent denied that the vaccine caused the alleged injury or that it was a Table Injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $55,000.00 to Petitioner Angela Butts. The stipulation was filed on February 21, 2023, and the decision was issued on March 24, 2023. Petitioner was represented by Leah VaSahnja Durant and Respondent by Madelyn Weeks. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01479-0 Date issued/filed: 2023-03-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/21/2023) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01479-UNJ Document 35 Filed 03/24/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1479V UNPUBLISHED ANGELA BUTTS, Chief Special Master Corcoran Petitioner, Filed: February 21, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 27, 2020, Angela Butts 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 left shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, following the receipt of an influenza vaccine on October 30, 2017. Petition at ¶ 1, 12; Stipulation, filed at Feb. 21, 2023, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her SIRVA more than six months post-vaccination, and that neither she nor any other person has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 1, 12-13; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; 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.” Id. at ¶ 6. 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012). Case 1:20-vv-01479-UNJ Document 35 Filed 03/24/23 Page 2 of 7 Nevertheless, on February 21, 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 $55,000.00 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). 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-01479-UNJ Document 35 Filed 03/24/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ANGELA BUTTS, Petitioner, No. 20-1479V Chief Special Master Brian H. Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Angela Butts ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Ot o-34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenz:a ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table(the "Table"), 42 C.F.R. § I 00.3(a) 2. Petitioner received a flu vaccine on October 30, 2017. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. She further alleges that she experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury. Case 1:20-vv-01479-UNJ Document 35 Filed 03/24/23 Page 4 of 7 6. 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 her current condition is a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum ofSSS,000.00 in the fonn of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U. S.C. § 300aa-1 S(a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)(I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U .S.C. § 300aa-I 5(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 Case 1:20-vv-01479-UNJ Document 35 Filed 03/24/23 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of th is Stipulation will be made in accordance with 42 U .S.C. § 300aa-I 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of4 2 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements,judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 30.2017, as alleged in a petition for vaccine compensation filed on or about October 27, 2020, in the United States Court of Federal Claims as petition No. 20-l 479V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:20-vv-01479-UNJ Document 35 Filed 03/24/23 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a decision that is in complete confonnity with the terms oft his Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above, There is absolutely no agreement on the part of the parties hereto to make any payment orto do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or any other injury or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:20-vv-01479-UNJ Document 35 Filed 03/24/23 Page 7 of 7 Respectfully submitted, PETITIONER: A ~ - AT IORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE <;:I:.)~ ~ OF THE ATTORNEY GENERAL: LEAH V. DURANT LAW OFFICES OF LEAH V. DURANT, PLLC Deputy Direetor 1717 K Street NW, Suite 900 Torts Branch, Civil Division Washington, DC 20006 U.S. Department of Justice (202) 775-9200 P.O. Box 146 ldurant@durantUc.com Benjami1\ franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes - 0!9rt.lllysig11c:dbyGeo1~ft. G,,mes-Sl .. $ 14 o.tie; 2023.01.19 1Ck4S:07 --0S'OO' ~ Jthy CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury TriaI Attorney Compensation Programs Torts Branch, Civil Division Heald\ Systems Bureau U. S. Department ofJ ustice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. DepartmentofHenlth and Washington, DC 20044-0[46 Humans Services (202) 305-3262 5600 Fishers T. ane, 08Nl 468 madelyn. e, weeks@usdoj,b'OV Rockville, MD 20857 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01479-cl-extra-10736767 Date issued/filed: 2023-12-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270177 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1479V ANGELA BUTTS, Chief Special Master Corcoran Petitioner, v. Filed: November 6, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 27, 2020, Angela Butts 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 left shoulder injury related to vaccine administration a defined Table Injury, following the receipt of an influenza vaccine on October 30, 2017. Petition, ECF No. 1. On February 21, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 31. 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 inf ormation, 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 f rom 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 ref erences 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 $28,023.62 (representing $25,648.10 in attorney’s fees and $2,375.52 in attorney’s costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Aug. 23, 2023, ECF No. 36. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. Id. at 2. Respondent reacted to the motion on Sept. 6, 2023, reporting 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, ECF No. 37. On Sept. 7, 2023, Petitioner filed a reply requesting an award of fees and costs as indicated in the motion. ECF No. 38. 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. ECF No. 36-2. 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 $28,023.62 (representing $25,648.10 in attorney’s fees and $2,375.52 in attorney’s costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Leah V. Durant. 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 f iling a joint notice renouncing their right to seek review. 2