VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01543 Package ID: USCOURTS-cofc-1_20-vv-01543 Petitioner: Lalita Nandkumar Filed: 2020-11-06 Decided: 2024-02-09 Vaccine: influenza Vaccination date: 2018-02-02 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 72065 AI-assisted case summary: Lalita Nandkumar filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine received on February 2, 2018. She stated the vaccine was administered in the United States, she suffered residual effects for more than six months, and had no prior award or settlement for her condition. Respondent denied that the flu vaccine caused her injury. The parties filed a joint stipulation on January 3, 2024, agreeing to settle the case. Chief Special Master Corcoran adopted the stipulation as the decision awarding damages. The award includes a lump sum of $70,000.00 payable to Petitioner and $2,064.73 to reimburse a Medicaid lien for services rendered by the State of Connecticut. These amounts represent compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case was treated as a Table claim, as SIRVA is listed on the Vaccine Injury Table. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01543-0 Date issued/filed: 2024-02-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/03/2024) regarding 69 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01543-UNJ Document 73 Filed 02/09/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1543V LALITA NANDKUMAR, Chief Special Master Corcoran Petitioner, Filed: January 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 6, 2020, Lalita Nandkumar 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”) resulting from an influenza (“flu”) vaccine received on February 2, 2018. Petition at 1-2; Stipulation, filed January 3, 2024, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she suffered 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 on her behalf as a result of her condition. Petition at ¶¶ 2, 38, 39; Stipulation at ¶¶ 3-5; Ex. 4. “Respondent denies that the flu vaccine caused petitioner to develop SIRVA or any other injury or her current condition.” Stipulation at ¶ 6. 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. 2National 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-01543-UNJ Document 73 Filed 02/09/24 Page 2 of 7 Nevertheless, on January 3, 2024, 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. A lump sum of $70,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8; and B. A lump sum of $2,064.73, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Connecticut, in the form of a check payable jointly to Petitioner and the Connecticut Department of Administrative Services: Department of Administrative Services Collection Services 450 Columbus Boulevard Suite 1001 Hartford, Connecticut 06103 Petitioner agrees to endorse this check to the Connecticut Department of Administrative Services. These amounts represent 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-01543-UNJ Document 73 Filed 02/09/24 Page 3 of 7 IN THE UNITED STA TES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LALITA NANDKUMAR, ) ) Petitioner, ) ) No. 20-1543V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) _____ R _ esp _ on _ den _ t. _____) ) STIPULATION The parties hereby stipulate to the following matters: I. Lalita Nandkumar, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine. The flu vaccine is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a). 2. Petitioner received the flu vaccine on or about February 2, 2018. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she suffered from a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of receiving the flu vaccine and suffered the residual effects of her alleged injury 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 condition. 6. Respondent denies that the flu vaccine caused petitioner to develop SIRVA or any other injury or her current condition. Case 1:20-vv-01543-UNJ Document 73 Filed 02/09/24 Page 4 of 7 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 of judgment 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A. A lump sum of $70,000.00 in the fonn of a check payable to petitioner; and B. A lump sum of $2,064.73, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Connecticut, in the form of a check payable jointly to petitioner and the Connecticut Department of Administrative Services: Department of Administrative Services Collection Services 450 Columbus Boulevard Suite l 00 l Hartford, Connecticut 06103 Petitioner agrees to endorse this check to the Connecticut Department of Administrative Services. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Connecticut may have against any individual as a result of any Medicaid payments the Connecticut Program has made to or on behalf of petitioner as a result of her alleged vaccine-related injury suffered on or about February 2, 2018, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 Case 1:20-vv-01543-UNJ Document 73 Filed 02/09/24 Page 5 of 7 42 U .S.C. § 300aa-2 l ( a)( l ), 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. 10. 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-l 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. 11. Payments made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- 15(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 attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(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 3 Case 1:20-vv-01543-UNJ Document 73 Filed 02/09/24 Page 6 of 7 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 or about Febrnary 2, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about November 6, 2020, in the United States Court of Federal Claims as petition No. 20-1543V. 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. 15. If the special master fails to issue a decision in complete conformity with the terms 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 of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. J6 . 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 or to 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 to develop SIRVA, or any other injury or her current condition. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. 4 Case 1:20-vv-01543-UNJ Document 73 Filed 02/09/24 Page 7 of 7 END OF STIPULATION Respectfully submitted, PETITIONER: ~~KU-OJ~fld~IA~Q ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: )/Jr.t~ fmdd(;, /-b,u~ . 41-< e1~·::h,,u, \i Q e..u..,AJ\.,dr---._ RONALD C. HOMER~ (jJ{c)()_) HEATHER L. PEARLM~ -- Conway Homer, P.C. Deputy Director 16 Shawmut Street Torts Branch, Civil Division Boston, MA 02116 U.S. Department of Justice Tel.: (617) 695-1990 Benjamin Franklin Station Fax: (617) 695-0880 P.O. Box 146 rhomer@ccandh.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVJCES: George R. Grimes DigitallysignedbyGeorgeR. Grimes -S14 -5 14 Date: 2023.12.12 08:43:14 -0S'0O' CDR GEORGE REED GRIMES, MD, MPH CAT HERINE E. STOLAR Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services Tel.: (202) 353-3299 5600 Fishers Lane, 08W-25A Fax: (202) 616-4310 Rockville, MD 20857 Email: catherine.stolar@usdoj.gov l/ 't 3/ ~ Dated: 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01543-cl-extra-10736209 Date issued/filed: 2024-02-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269619 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1543V LALITA NANDKUMAR, Chief Special Master Corcoran Petitioner, Filed: January 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 6, 2020, Lalita Nandkumar 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”) resulting from an influenza (“flu”) vaccine received on February 2, 2018. Petition at 1-2; Stipulation, filed January 3, 2024, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she suffered 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 on her behalf as a result of her condition. Petition at ¶¶ 2, 38, 39; Stipulation at ¶¶ 3-5; Ex. 4. “Respondent denies that the flu vaccine caused petitioner to develop SIRVA or any other injury or her current condition.” 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). Nevertheless, on January 3, 2024, 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. A lump sum of $70,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8; and B. A lump sum of $2,064.73, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Connecticut, in the form of a check payable jointly to Petitioner and the Connecticut Department of Administrative Services: Department of Administrative Services Collection Services 450 Columbus Boulevard Suite 1001 Hartford, Connecticut 06103 Petitioner agrees to endorse this check to the Connecticut Department of Administrative Services. These amounts represent 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LALITA NANDKUMAR, ) ) Petitioner, ) ) No. 20-1543V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ______________) STIPULATION The parties hereby stipulate to the following matters: I. Lalita Nandkumar, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine. The flu vaccine is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a). 2. Petitioner received the flu vaccine on or about February 2, 2018. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she suffered from a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of receiving the flu vaccine and suffered the residual effects of her alleged injury 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 condition. 6. Respondent denies that the flu vaccine caused petitioner to develop SIRVA or any other injury or her current condition. 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 of judgment 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A. A lump sum of $70,000.00 in the fonn of a check payable to petitioner; and B. A lump sum of $2,064.73, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Connecticut, in the form of a check payable jointly to petitioner and the Connecticut Department of Administrative Services: Department of Administrative Services Collection Services 450 Columbus Boulevard Suite l 00 l Hartford, Connecticut 06103 Petitioner agrees to endorse this check to the Connecticut Department of Administrative Services. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Connecticut may have against any individual as a result of any Medicaid payments the Connecticut Program has made to or on behalf of petitioner as a result of her alleged vaccine-related injury suffered on or about February 2, 2018, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 42 U .S.C. § 300aa-2 l (a)( l ), 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. 10. 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-l 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. 11. Payments made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- 15(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 attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(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 3 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 or about Febrnary 2, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about November 6, 2020, in the United States Court of Federal Claims as petition No. 20-1543V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms 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 of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. J6. 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 or to 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 to develop SIRVA, or any other injury or her current condition. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. 4 END OF STIPULATION Respectfully submitted, PETITIONER: ~~KU-OJ~fld~IA~Q ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: fmdd(;, /-b,u~ )/Jr.t~ . 41-< e1~·::h,,u , \i Q e..u..,AJ\.,d r---._ RONALD C. HOMER~ (jJ{c)()_) HEATHER L. P E A R L M ~ - - - Conway Homer, P.C. Deputy Director 16 Shawmut Street Torts Branch, Civil Division Boston, MA 02116 U.S. Department of Justice Tel.: (617) 695-1990 Benjamin Franklin Station Fax: (617) 695-0880 P.O. Box 146 rhomer@ccandh.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVJCES: George R. Grimes DigitallysignedbyGeorgeR. Grimes -S14 -5 14 Date: 2023.12.12 08:43:14 -0S'0O' CDR GEORGE REED GRIMES, MD, MPH CATHERINE E. STOLAR Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services Tel.: (202) 353-3299 5600 Fishers Lane, 08W-25A Fax: (202) 616-4310 Rockville, MD 20857 Email: catherine.stolar@usdoj.gov Dated: l/ 3/ ~ 't 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01543-cl-extra-10751737 Date issued/filed: 2024-11-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10285149 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1543V LALITA NANDKUMAR, Chief Special Master Corcoran Petitioner, v. Filed: October 28, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 6, 2020, Lalita Nandkumar 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 resulting from an influenza vaccine received on February 2, 2018. Petition, ECF No. 1. On January 3, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ joint stipulation. ECF No. 69. 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 $49,500.18 (representing $48,226.90 in fees plus $1,273.28 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 28, 2024, ECF No. 74. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 75. Respondent reacted to the motion on June 28, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 76. Petitioner did not file a reply thereafter. 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 38-66. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. 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 $49,500.18 (representing $48,226.90 in fees plus $1,273.28 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Ronald C. Homer. 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