VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01621 Package ID: USCOURTS-cofc-1_20-vv-01621 Petitioner: Kimerley Hilbrich Filed: 2020-11-19 Decided: 2023-06-27 Vaccine: influenza Vaccination date: 2019-11-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Kimerley Hilbrich filed a petition for compensation under the National Vaccine Injury Compensation Program on November 19, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received in her left deltoid on November 5, 2019. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement. Respondent denied that the flu vaccine caused her alleged injury or any other injury. Nevertheless, on May 25, 2023, the parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Petitioner was awarded a lump sum of $80,000.00, payable to Petitioner, for all items of damages. Theory of causation field: Petitioner Kimerley Hilbrich alleged a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on November 5, 2019. Respondent denied that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation on May 25, 2023. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Petitioner was awarded a lump sum of $80,000.00. 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-01621-0 Date issued/filed: 2023-06-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/26/2023) regarding 46 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01621-UNJ Document 50 Filed 06/27/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1621V UNPUBLISHED KIMERLEY HILBRICH, Chief Special Master Corcoran Petitioner, Filed: May 26, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 19, 2020, Kimerley Hilbrich filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On April 15, 2022, Petitioner filed an amended petition. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received in her left deltoid on November 5, 2019. Amended Petition at 1-2; Stipulation, filed May 25, 2023, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered within the United States, she experienced the residual effects of her condition 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. Amended Petition at ¶¶ 24-26; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged injury, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this unpublished 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-01621-UNJ Document 50 Filed 06/27/23 Page 2 of 7 Nevertheless, on May 25, 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 $80,000.00 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-01621-UNJ Document 50 Filed 06/27/23 Page 3 of 7 Case 1:20-vv-01621-UNJ Document 50 Filed 06/27/23 Page 4 of 7 Case 1:20-vv-01621-UNJ Document 50 Filed 06/27/23 Page 5 of 7 Case 1:20-vv-01621-UNJ Document 50 Filed 06/27/23 Page 6 of 7 Case 1:20-vv-01621-UNJ Document 50 Filed 06/27/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01621-cl-extra-10736079 Date issued/filed: 2024-02-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269489 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1621V KIMERLEY HILBRICH, Chief Special Master Corcoran Petitioner, v. Filed: January 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 19, 2020, Kimerley Hilbrich 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 in her left deltoid on November 5, 2019. Petition, ECF No. 1. On May 26, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 46. 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 $30,043.12 (representing $29,370.60 in fees plus $672.52 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Nov. 6, 2023, ECF No. 51. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred $24.25 in out-of-pocket expenses. ECF No. 52. Respondent reacted to the motion on Nov. 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. 53. 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 25-38. 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. Accordingly, Petitioner is awarded the total amount of $30,067.37 3 as follows: • A lump sum of $30,043.12, representing reimbursement for fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel and; • A lump sum of $24.25, 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. 4 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 f ees f or 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). 4 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 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3