VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01713 Package ID: USCOURTS-cofc-1_20-vv-01713 Petitioner: Gail Wiggins Filed: 2020-12-01 Decided: 2023-07-11 Vaccine: influenza Vaccination date: 2018-10-01 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 88000 AI-assisted case summary: Gail Wiggins filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 1, 2018. She stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this condition. Respondent denied that Ms. Wiggins sustained a SIRVA Table injury or that the vaccine caused her injury. Despite these differing positions, the parties filed a joint stipulation on May 23, 2023, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Ms. Wiggins was awarded a lump sum of $88,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. This award was for pain and suffering and other damages related to her SIRVA. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01713-0 Date issued/filed: 2023-07-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/24/2023) regarding 42 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01713-UNJ Document 45 Filed 07/11/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1713V UNPUBLISHED GAIL WIGGINS, Chief Special Master Corcoran Petitioner, Filed: May 24, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 1, 2020, Gail Wiggins 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 in her left deltoid on October 1, 2018. Petition at 1; Stipulation, filed May 23, 2023, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she experienced 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 ¶¶ 1, 45, 47; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a 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. 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-01713-UNJ Document 45 Filed 07/11/23 Page 2 of 7 Nevertheless, on May 23, 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 $88,000.00 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-01713-UNJ Document 45 Filed 07/11/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ••••••••••••••••••••••••••••••••••••• • GAD.. WIGGINS, * • Petitioner. No.20-17UV • CHmP SPBClAL MA.srBR CORCORAN • v. • SECRETARY OF HEALTH AND • BUMAN SERVICES, • • Respondent • ••••••••••••••••••••••••••••••••••••• STIPULATION The parties hereby stipulate to the following matters: l. Petition.er 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 an influema vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R § 100.3 (a). 2. Petitioner received a flu immunization in her left shoulder on October 1, 2018. 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 has experienced residual effects of her injury for more than six months. S. 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. Case 1:20-vv-01713-UNJ Document 45 Filed 07/11/23 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the tlu vaccino caused petitioner's alleged shoulder injury, or any other injury; and denies 1hat her cummt condition is a sequeJae 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 descnl>ed in paragraph 8 oft his 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)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $88,000.00 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-1S{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-21(a)(l ), and an application, the parties will submit to further proc«din~ before the special master to award reasonable attorneys• fees and costs incurred in proceeding upon this petition. 1O . 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- IS(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 1hat provide health services on a pre-paid basis. 2 Case 1:20-vv-01713-UNJ Document 45 Filed 07/11/23 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pmsuant to paragraph 9 oft his Stipulation will be made in accordance with 42 U.S.C. § 300aa-lS(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 umeimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a s1rict construction of 42 U.S.C. § 300aa-1S(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-1S(g) and (h). 13. In return for the payments descnoed 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 Hmnan 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. § 30088-10 et seq., on account ot: 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, a flu vaccination administered on October 1, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about December 1, 2020, in the United States Court of Federal Claims as petition No. 20-1713. 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-01713-UNJ Document 45 Filed 07/11/23 Page 6 of 7 IS. If the special master fails to issue a decision in complete conformity with the tetms 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 descn'bed in this Stipulation may reflect a compromise oft he parties• respective positions as to liability and/or amount of damages. and further, that a change in the nature oft he 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 petitioner sustained a SIRVA Table injury; that the flu vaccine caused petitioner's aJleged shoulder injuries, or any other injury; or that her current condition is a sequela of a vaccine-related injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigos. END OF STIPULATION I I I I I I I I 4 Case 1:20-vv-01713-UNJ Document 45 Filed 07/11/23 Page 7 of 7 Respectfully submitted, PETITIONER:· ~~tl~ ~ GAIL WIGGINsr/" ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: IZio:NG - ~~~JtA~ Kraus Law Group, LLC Deputy Director 111 W. Jackson Blvd. Ste 1700 Torts Branch Chicago, IUinois Civil Division Tel: (312)319-5275 U.S.DepartmentofJustice Email: bgang@k.rauslawyers.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRF.SENTATIVE ATIORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Henry P. \ =.,1 :"' .,,_, "· by Mcmillan -s3· ·~ion.os-041"1 2,49 CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Senior 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 ofH ealth Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08Nl46B Tel: (202)616-4181 Roclcville, MD 20857 Email: de!>rf1.~aley@ussI~.gov 5 / l:, I W Ll Dated: ( l s I ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01713-cl-extra-10735877 Date issued/filed: 2024-03-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269287 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1713V CORRECTED GAIL WIGGINS, Chief Special Master Corcoran Petitioner, v. Filed: February 12, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 1, 2020, Gail Wiggins 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 October 1, 2018. Petition, ECF No. 1. On May 24, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 42. 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 $20,897.96 (representing $20,442.70 in fees plus $455.26 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Nov. 17, 2023, ECF No. 46. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred no out-of-pocket expenses. Id. at 1. Respondent did not file a response 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 21-28. 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 $20,897.96 (representing $20,442.70 in fees plus $455.26 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Brynna Gang. 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