VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01774 Package ID: USCOURTS-cofc-1_20-vv-01774 Petitioner: Danielle Allen Filed: 2023-10-04 Decided: 2023-11-06 Vaccine: influenza Vaccination date: 2020-03-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65475 AI-assisted case summary: Danielle Allen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on March 9, 2020. She claimed the injury was either a Table-listed SIRVA or caused-in-fact by the vaccine, and that its residual effects lasted more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury or any other injury. Despite these differing positions, the parties filed a joint stipulation agreeing that the case should be settled with an award of compensation. Chief Special Master Corcoran adopted the stipulation, awarding Danielle Allen a lump sum of $65,475.00. This amount represents compensation for all items of damages available under the Vaccine Act. The parties agreed that this stipulation represents a full and complete negotiated settlement of liability and damages, and Danielle Allen released the United States and the Secretary of Health and Human Services from further claims related to this vaccination. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01774-0 Date issued/filed: 2023-11-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/04/2023) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01774-UNJ Document 41 Filed 11/06/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1774V DANIELLE ALLEN, Chief Special Master Corcoran Petitioner, Filed: October 4, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 7, 2020, Danielle Allen 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”) as a result of an influenza (“flu”) vaccine administered on March 9, 2020. Petition at 1; Stipulation, filed at October 3, 2023, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced the residual effects of this condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that she meets the Table definition of a SIRVA or her injury was caused-in-fact by the vaccine. Petition at 1-2; Stipulation at ¶¶ 2-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury or any 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). Case 1:20-vv-01774-UNJ Document 41 Filed 11/06/23 Page 2 of 7 other injury; and denies that her current condition is a sequelae of a vaccine-related injury. Stipulation at ¶ 6. Nevertheless, on October 3, 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 $65,475.00 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-01774-UNJ Document 41 Filed 11/06/23 Page 3 of 7 IN THE UNITED STA TES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) DANIELLE ALLEN, ) ) Petitioner, ) ) V. ) No. 20-l 774V ) Chief Special Master Corcoran SECRETARY OF ) ECF HEAL TH AND HUMAN SERVICES, ) ) _______R_esp_on_den_t. _____) ) STIPULATION The parties hereby stipulate to the following matters: I. Danielle Allen ("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 the seasonal influenza ("flu") vaccinationt which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F .R. § l 00.3 (a). 2. Petitioner received a flu vaccine in her right ann on March 9, 2020. 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 following administration of the flu vaccine, or in the alternative, that her alleged shoulder injury was caused~in-fact by the vaccine. She further alleges that she experienced the residual effects of this condition for more than six months. Case 1:20-vv-01774-UNJ Document 41 Filed 11/06/23 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. 6. 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. 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 tenns 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 $65,475.00, 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)( 1), 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 petitioner's 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-I 5{g), to the extent that payment has been made or can 2 Case 1:20-vv-01774-UNJ Document 41 Filed 11/06/23 Page 5 of 7 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 entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 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 unreimbursable 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-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, ex~utors, 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 al I 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-l0 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 March 9, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about December 7, 2020 in the United States Court of Federal Claims as petition No. 20-1774V. 3 Case 1:20-vv-01774-UNJ Document 41 Filed 11/06/23 Page 6 of 7 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. lf 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 of liability and damages claimed under the National Childhood Vaccine lnjury 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 shoulder injury, 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 I 4 Case 1:20-vv-01774-UNJ Document 41 Filed 11/06/23 Page 7 of 7 I l I J RcspcctfuJly submitted, I • PETITIONER: 1 I ' DANIELLE ALLEN I , ATTORNEY OP RECORD FOR AlmiORIZED REPRESENTATIVE PETITIONER: OF THE AITOR.NEY GENERAL: -46-£ ~,:ZJ~ LEAHD HEATHER. L. P Law Offices of Leah V. Durant. P.L.LC. Deputy Director 17 J7 K Street NW. Suite 900 Torts Branch Washington, OC 20006 CmJDivisiai Boston,, MA 02116 U.S.Depa,tmcmtofJustice Tel: 202-nS-9200 P.O.Box 146 Fax:202-652-1178 Bc:njamiJJ Frauklin Station ldurlJlt@durantllc.com Washington. DC 20044--0146 At.mfORIZED REPRESENTATIVE AITORNEY OF RECORD FOR OFTHESECRETAJtYOFH.BALTH RESPONDENT: AND HUMAN SERVICES: DlgbOyJlgnedby Henry P. ....,,,,P.Mo'ldln•s.s ~~ Mcmillan _531>tt«2112JM,l7 by ll:2H44''00' CDR GEORGE REED GRIMES. MD. MPH Trial Attorney Dim:tor, Division of Injury Torts Branch Compensation Programs Civil Division HeaJtb SystedlS Bwuu U.S. DepartmeulofJustice Health Re.sources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department offfc,Jtb Wahingron. OC 20044.{)146 And Hwnaa Services (202) 598-3895 5600 Fishers Lam; 08W-2SA matthcw.murphy@usdoj.gov Rockville. MD 20857 Dated: l O C T Z ~ 2 5 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01774-cl-extra-10735174 Date issued/filed: 2024-05-31 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268584 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1774V DANIELLE ALLEN, Chief Special Master Corcoran Petitioner, v. Filed: April 30, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, 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 7, 2020, Danielle Allen 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 as a result of an influenza vaccine administered on March 9, 2020. Petition, ECF No. 1. On October 4, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 37. 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 $25,134.66 (representing $22,725.80 in fees plus $2,408.86 in costs). Application for Fees and Costs (“Motion”) filed Mar. 6, 2024, ECF No. 45. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out-of-pocket expenses. Id. at 2. 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. ECF No. 45-2. 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 $25,134.66 (representing $22,725.80 in fees plus $2,408.86 in costs) as a lump sum in the form of check jointly payable to Petitioner and Petitioner’s counsel, Leah V. Durant. 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