VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01702 Package ID: USCOURTS-cofc-1_20-vv-01702 Petitioner: Anita Hall Darroca Filed: 2020-11-30 Decided: 2023-10-27 Vaccine: influenza Vaccination date: 2018-01-22 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Anita Hall Darroca filed a petition for vaccine compensation on November 30, 2020, alleging injury from an influenza vaccine received on January 22, 2018. She claimed a left shoulder injury related to vaccine administration, known as SIRVA, which is a condition listed on the Vaccine Injury Table. Ms. Darroca further alleged that she experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Darroca sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these opposing positions, the parties reached a joint stipulation for settlement on September 8, 2023. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting its terms as his decision. Pursuant to the stipulation, Ms. Darroca was awarded a lump sum of $55,000.00, payable by check to the petitioner, as compensation for all damages. This award resolves the case through a negotiated settlement, avoiding further litigation on the merits of entitlement or causation. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and the respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice. The decision was issued on October 27, 2023. Theory of causation field: Petitioner Anita Hall Darroca filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 22, 2018. She claimed this was a Table injury and that she experienced residual effects for more than six months. Respondent denied the injury was a Table injury or caused by the vaccine. The parties reached a joint stipulation for settlement, agreeing to an award of $55,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding the compensation on October 27, 2023. Petitioner was represented by Amy A. Senerth, and Respondent by Alexa Roggenkamp. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01702-0 Date issued/filed: 2023-10-27 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 09/08/2023) regarding 58 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01702-UNJ Document 62 Filed 10/27/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1702V ANITA HALL DARROCA, Chief Special Master Corcoran Petitioner, v. Filed: September 8, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 30, 2020, Anita Hall Darroca 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 received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on January 22, 2018. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the flu vaccine, or in the alternative, that her alleged shoulder injury was caused by the flu vaccine. She further alleges that she experienced the residual effects of this alleged injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged left shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 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 (2012). Case 1:20-vv-01702-UNJ Document 62 Filed 10/27/23 Page 2 of 8 Nevertheless, on September 8, 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. This amount represents compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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-01702-UNJ Document 62 Filed 10/27/23 Page 3 of 8 Vinesign Docvrncnt S1a1u, v" Signcc A Vcnnecf Document Name Stipul.lhou • O;i11ec,3 hndo, Nnmo Muir nunl oocument Key JYLMYL ,. ~ij /0-• ltt4-Y.12ll· l( eYt,Hb9 I K1 J Acclp1cnl t IP l\ddrtu Mita Darrocct 107,127.21.121 on11ohallil\dycPgm•II com /808)284-1198 Order I Document History ACllVlty ACIMI)' Octalls 0Y/OS/2023 22:02 UTC AnllaOmoca Slgntd by An,,. Dorroca ((808) 28~-1198) Dlockch,iln Bloy Milo Oorroc, ((808) 28<· 1198) Document Viewed 09/0512023 21: 19 UT( Ml1.10arroo Sent out \11.t em~,1I to Arlld 0.111oca (dn tahdllindy@g 11"11 com) COCJlnC:\t Sen1 14 os,os12on J.1:rn urc 0910512023 21:19UTC Created by Mullc, Or.>zd (mcdical,cco,cs@1ny,,1i1ccttcl.,w,-c,.com) Oocum~nt Crc.>tcd Case 1:20-vv-01702-UNJ Document 62 Filed 10/27/23 Page 4 of 8 Vinesign Document ID: 39CA89C2-5870-42B4-932D-2CE9AB691813 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ANITA HALL DARROCA, Petitioner, No. 20-1702V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Anita Hall Darroca ("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, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on January 22, 2018. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she sustained a left shoulder injury related to vaccination administration ("SIRVA") within the time period set forth in the Table following administration of the flu vaccine, or in the alternative, that her alleged shoulder injury was caused by the flu vaccine. She further alleges that she experienced the residual effects of this alleged injury for more than six months. The signed document can be validated at https://app.vinesign.comNerify Case 1:20-vv-01702-UNJ Document 62 Filed 10/27/23 Page 5 of 8 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 or condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged left 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-2 l (a)( l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$55,000.00 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-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 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. 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-15(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 2 Case 1:20-vv-01702-UNJ Document 62 Filed 10/27/23 Page 6 of 8 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. J 1. Payment 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 l5(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-I 5(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 January 22, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about November 30, 2020, in the United States Court of Federal Claims as petition No. 20-l 702V. 3 Case 1:20-vv-01702-UNJ Document 62 Filed 10/27/23 Page 7 of 8 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 conformity with a decision that is in complete conformity with the terms of this 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 ofliability 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's alleged SlRVA injury or any other injury or her current condition, 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 I I I I 4 Case 1:20-vv-01702-UNJ Document 62 Filed 10/27/23 Page 8 of 8 Respectfully submitted, PETITIONER: ANITA HALL DARROCA ATIORNEYOFRECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: - AMY A. SENERTH Muller Brazil Deputy Director 715 Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division 2 l 5-885-l 655 U.S. Department of Justice amy@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Henry p OlgltaUy>lgnedbyHenry • P. Mcmlllan •S3 by Mcmillan _ 53 :~~023.oa.3013:23:51 CDR GEORGE REED GRIMES, MD, MPH Director, Division oflnjury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08N l 46B 202-616-4 l 79 Rockville, MD 20857 alexa.roggenkamp@usdoj.gov Ii> Dated: q /'t, --1,f---,- ----- 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01702-cl-extra-10735433 Date issued/filed: 2024-05-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268843 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1702V ANITA HALL DARROCA, Chief Special Master Corcoran Petitioner, v. Filed: April 2, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 30, 2020, Anita Hall Darroca 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 received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on January 22, 2018. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the flu vaccine, or in the alternative, that her alleged shoulder injury was 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 (2012). caused by the flu vaccine. On September 8, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 58. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $25,563.27 (representing $24,161.60 in fees plus $1,401.67 in costs). Petitioner’s Application for Attorneys’ Fees (“Motion”) filed January 19, 2024, ECF No. 63. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred no out-of-pocket expenses. Id. at 2. Respondent reacted to the motion on January 19, 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. 64. 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 24 - 44. 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 $25,563.27 (representing $24,161.60 in fees plus $1,401.67 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Amy A. Senerth. 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