VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01727 Package ID: USCOURTS-cofc-1_20-vv-01727 Petitioner: Sovanna Sin Filed: 2020-12-01 Decided: 2025-06-09 Vaccine: Tdap Vaccination date: 2018-07-12 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50916 AI-assisted case summary: Sovanna Sin filed a petition on December 1, 2020, alleging that a Tdap vaccine administered on July 12, 2018, caused a shoulder injury related to vaccine administration. The public stipulation materials do not provide a detailed treatment timeline. Respondent denied that Ms. Sin sustained a SIRVA Table injury, denied that the Tdap vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a vaccine-related sequela. The parties nevertheless resolved the case by stipulation. Special Master Thomas L. Gowen adopted the stipulation on June 9, 2025. Ms. Sin received $48,000.00 in vaccine compensation plus $2,915.91 in additional compensation reflected in the stipulation, for a total injury award of $50,915.91. Later fee decisions concerned attorney fees and costs only. Ms. Sin was represented by Ronald Craig Homer of Conway Homer, P.C. in Boston, Massachusetts. Theory of causation field: Tdap vaccine on July 12, 2018 allegedly causing SIRVA/shoulder injury. COMPENSATED by stipulation, not by admitted causation. Respondent denied Table SIRVA, causation, other injury, and sequelae. Public stipulation gives limited clinical detail. Petition filed December 1, 2020; decision by SM Thomas L. Gowen on June 9, 2025. Award $50,915.91 total, including $48,000 vaccine compensation and $2,915.91 additional stipulated compensation. Later fee awards were attorney compensation only. Attorney: Ronald Craig Homer, Conway Homer, P.C. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01727-0 Date issued/filed: 2025-08-11 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 06/09/2025) regarding 65 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01727-UNJ Document 71 Filed 08/11/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 9, 2025 * * * * * * * * * * * * * SOVANNA SIN, * * Petitioner, * No. 20-1727V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * David J. Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner. Jamica M. Littles, Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On December 1, 2020, Sovanna Sin (“petitioner”) filed her claim in the National Vaccine Injury Compensation Program. Petition (ECF No. 1).2 Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on July 12, 2018. Id. On June 9, 2025, respondent filed a stipulation stating that a decision should be entered awarding petitioner compensation. Stipulation (ECF No. 64).3 Respondent denies that petitioner suffered a SIRVA or that the Tdap vaccine caused petitioner’s alleged shoulder injury, any other injury, or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 3 The stipulation was signed using an electronic signature and the electronic signature page was removed as it contains petitioner’s confidential information. Case 1:20-vv-01727-UNJ Document 71 Filed 08/11/25 Page 2 of 8 the parties now agree that the issues between shall be settled and that a decision should be entered awarding compensation to petitioner described in paragraph 8 of the stipulation, attached hereto as Appendix A. Id. at 7. The stipulation provides: A) A lump sum payment of $48,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement for petitioner; and B) A lump sum payment of $2,915.91, representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of California, in the form of a check payable jointly to petitioner and the California Department of Health Services (“DHCS”). The check shall also include petitioner’s CHCS account number: C90848589A-002T. Petitioner agrees to endorse this check to DHCS and mail it to: Department of Health Care Services Personal Injury Program MS 4720 P.O. Box 997425 Sacramento, CA 95899-7425 These amounts represent payments for all damages available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 4 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:20-vv-01727-UNJ Document 71 Filed 08/11/25 Page 3 of 8 Case 1:20-vv-01727-UNJ Document 71 Filed 08/11/25 Page 4 of 8 Case 1:20-vv-01727-UNJ Document 71 Filed 08/11/25 Page 5 of 8 Case 1:20-vv-01727-UNJ Document 71 Filed 08/11/25 Page 6 of 8 Case 1:20-vv-01727-UNJ Document 71 Filed 08/11/25 Page 7 of 8 Case 1:20-vv-01727-UNJ Document 71 Filed 08/11/25 Page 8 of 8 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01727-cl-extra-11118102 Date issued/filed: 2025-08-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10651515 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 9, 2025 * * * * * * * * * * * * * SOVANNA SIN, * * Petitioner, * No. 20-1727V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * David J. Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner. Jamica M. Littles, Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On December 1, 2020, Sovanna Sin (“petitioner”) filed her claim in the National Vaccine Injury Compensation Program. Petition (ECF No. 1).2 Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on July 12, 2018. Id. On June 9, 2025, respondent filed a stipulation stating that a decision should be entered awarding petitioner compensation. Stipulation (ECF No. 64).3 Respondent denies that petitioner suffered a SIRVA or that the Tdap vaccine caused petitioner’s alleged shoulder injury, any other injury, or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 3 The stipulation was signed using an electronic signature and the electronic signature page was removed as it contains petitioner’s confidential information. the parties now agree that the issues between shall be settled and that a decision should be entered awarding compensation to petitioner described in paragraph 8 of the stipulation, attached hereto as Appendix A. Id. at 7. The stipulation provides: A) A lump sum payment of $48,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement for petitioner; and B) A lump sum payment of $2,915.91, representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of California, in the form of a check payable jointly to petitioner and the California Department of Health Services (“DHCS”). The check shall also include petitioner’s CHCS account number: C90848589A-002T. Petitioner agrees to endorse this check to DHCS and mail it to: Department of Health Care Services Personal Injury Program MS 4720 P.O. Box 997425 Sacramento, CA 95899-7425 These amounts represent payments for all damages available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 4 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01727-cl-extra-11309920 Date issued/filed: 2026-04-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10842565 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 24, 2026 * * * * * * * * * * * * * * SOVANNA SIN, * * Petitioner, * No. 20-1727V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 On June 23, 2025, Sovanna Sin, (“petitioner”) filed a motion for attorneys’ fees and costs. Petitioner’s Motion for Attorney Fees (“Fees App.”) (ECF No. 69). For the reasons discussed below, I GRANT Petitioner’s motion for attorneys’ fees and costs and award a total of $61,217.58. I. Procedural History On December 1, 2020, the petitioner filed a petition for compensation in the National Vaccine Injury Compensation Program.2 (Petition) (ECF No. 1). Petitioner alleged that that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on July 12, 2018. Id. On June 9, 2025, the parties filed a stipulation, which I adopted as my decision awarding compensation on the same day. (ECF No. 65). 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (Vaccine Act or the Act. All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. On June 23, 2025, petitioner filed a motion for attorneys’ fees and costs. Petitioner requests compensation in the total amount of $61,217.58, representing $57,551.00 in attorneys’ fees and $3,666.58 in costs. Fees App. at 1. Pursuant to General Order No. 9, Petitioner warrants she has not personally incurred any costs in pursuit of her claim. Fees App. Ex. C. Respondent reacted to the fees motion on August 27, 2025, stating that “Respondent is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case.” Response at 2 (ECF No. 61). Petitioner did not file a reply. The matter is now ripe for adjudication. II. Analysis Under the Vaccine Act, the special master may award reasonable attorneys’ fees and costs for a petition that does not result in an award of compensation but was filed in good faith and supported by a reasonable basis. § 300aa–15(e)(1). Here, because Petitioner was awarded compensation pursuant to a stipulation, she is entitled to an award of reasonable attorneys’ fees and costs. Petitioners “bea[r] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1993). Adequate proof of the claimed fees and costs should be presented when the motion is filed. Id. at 484 n. 1. The special master has the discretion to reduce awards sua sponte, independent of enumerated objections from the respondent. Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201, 208–09 (Fed. Cl. 2009); Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008), aff'd No. 99–537V, 2008 WL 2066611 (Fed. Cl. Spec. Mstr. Apr. 22, 2008). a. Attorneys’ Fees Petitioner requests the following rates of compensation for her attorneys: for Mr. David Carney: $325.00 per hour for work performed in 2019, $350.00 per hour for work performed in 2020, $375.00 per hour for work performed in 2021, $400.00 per hour for work performed in 2022, $425.00 per hour for work performed in 2023, $450.00 per hour for work performed in 2024, and $475.00 per hour for work performed in 2025; for Mr. Adam M. Green: $400.00 per hour for work performed in 2020-2021, $425.00 per hour for work performed in 2022-2023, $450.00 per hour for work performed in 2024, and $475.00 per hour for work performed in 2025; and for Ms. Evan R. Baker, $200.00 per hour for work performed as an attorney in 2023, and $225.00 per hour for work performed in 2024. Fees App. Ex. A. Additionally, for law clerks, Petitioner requests $150.00 per hour for work performed in 2021, $157.50 per hour for work performed in 2022, and $165.00 per hour for work performed in 2023; and for paralegals: $145.00 per hour for work performed from 2019-2022, $175.00 per hour for work performed from 2023-2024, and $185.00 per hour for work performed in 2025. Id. These rates are consistent with what counsel has previously been awarded for their Vaccine Program work and I find them to be reasonable herein. I shall also award the requested law clerk and paralegal time at the provided rates. 2 Turning next to review of the submitted billing statement, I find that the overall hours spent on this matter appear to be reasonable. The entries are reasonable and accurately describe the work being performed and the length of time it took to perform each task. Respondent did not respond to the fees motion, and thus has not identified any particular entries as being objectionable. Therefore, Petitioner is entitled to final attorneys’ fees of $57,551.00. b. Attorneys’ Costs Like attorneys’ fees, a request for reimbursement of costs must be reasonable. Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests total attorneys’ costs in the amount of $3,666.58. This amount is comprised of acquiring medical records, the Court’s filing fee, record transcription, and postage. Fees App. Ex. B. Petitioner has provided adequate documentation supporting all of her requested costs. Petitioner is therefore awarded the full amount of costs sought. III. Conclusion In accordance with the foregoing, I hereby GRANT Petitioner’s motion for attorneys’ fees and costs and find that Petitioner is entitled to a reimbursement of attorneys’ fees and costs as follows: Attorneys’ Fees Requested $57,551.00 (Reduction of Fees) - Total Attorneys’ Fees Awarded $57,551.00 Attorneys’ Costs Requested $3,666.58 (Reduction of Costs) - Total Attorneys’ Costs Awarded $3,666.58 Total Attorneys’ Fees and Costs $61,217.58 Accordingly, I award a lump sum in the amount of $61,217.58 representing reimbursement for Petitioner’s attorneys’ fees and costs, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court SHALL ENTER JUDGMENT in accordance herewith.3 IT IS SO ORDERED. /s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. Vaccine Rule 11(a). 3