VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01819 Package ID: USCOURTS-cofc-1_20-vv-01819 Petitioner: Jeffrey A. Fowler Filed: 2020-12-10 Decided: 2023-08-29 Vaccine: pneumococcal conjugate vaccine Vaccination date: 2017-12-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Jeffrey A. Fowler filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccine (PCV-13) on December 15, 2017. The petition was filed on December 10, 2020. Respondent conceded that Mr. Fowler is entitled to compensation, agreeing that his case met the criteria for SIRVA as a Table injury. The respondent also confirmed that the petition was timely filed, the vaccine was administered in the United States, and Mr. Fowler satisfied the statutory severity requirement by experiencing residual effects for more than six months. A ruling on entitlement was issued on April 12, 2023, finding Mr. Fowler entitled to compensation. Subsequently, on July 25, 2023, the parties filed a proffer agreeing to an award of $50,000.00 for pain and suffering. The Chief Special Master issued a decision awarding this amount on August 29, 2023. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01819-0 Date issued/filed: 2023-05-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/12/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01819-UNJ Document 29 Filed 05/12/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1819V UNPUBLISHED JEFFREY A. FOWLER, Chief Special Master Corcoran Petitioner, Filed: April 12, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Pneumococcal Conjugate Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA) Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 10, 2020, Jeffrey A. Fowler 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 he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a pneumococcal conjugate vaccine (PCV-13) administered on December 15, 2017. Petition at 1. Petitioner further alleges the vaccination was administered within the United States, his symptoms continued for more than six months, and he has never received compensation in the form of an award or settlement for his injuries. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Ruling 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-01819-UNJ Document 29 Filed 05/12/23 Page 2 of 2 On March 20, 2023, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent that Petitioner has satisfied the criteria set forth in the Table and the Qualifications and Aids to Interpretation for SIRVA. Id. at 3. Respondent further agrees that the case was timely filed, that Petitioner received a PCV-13 vaccine in the United States, and that he satisfies the statutory severity requirement by suffering the residual effects or complications of his injury for more than six months after vaccine administration. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01819-1 Date issued/filed: 2023-08-29 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/25/2023) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01819-UNJ Document 36 Filed 08/29/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1819V JEFFREY A. FOWLER, Chief Special Master Corcoran Petitioner, Filed: July 25, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 10, 2020, Jeffrey A. Fowler 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 he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a pneumococcal conjugate vaccine (PCV-13) administered on December 15, 2017. Petition at 1.The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 12, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On July 25, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $50,000.00 in pain and suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 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-01819-UNJ Document 36 Filed 08/29/23 Page 2 of 5 with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $50,000.00 in pain and suffering in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). 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-01819-UNJ Document 36 Filed 08/29/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) JEFFREY A. FOWLER, ) ) Petitioner, ) ) No. 20-1819V v. ) Chief Special Master Brian H. Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 10, 2020, Jeffrey Fowler (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of a pneumococcal conjugate vaccine he received on December 15, 2017. On March 20, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on April 12, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 26; ECF No. 27. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $50,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:20-vv-01819-UNJ Document 36 Filed 08/29/23 Page 4 of 5 This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $50,000.00, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Jeffrey Fowler: $50,000.00 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:20-vv-01819-UNJ Document 36 Filed 08/29/23 Page 5 of 5 /s James V. Lopez James V. Lopez Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-3655 Fax: (202) 616-4310 Email: james.lopez@usdoj.gov Date: July 25, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01819-cl-extra-10734850 Date issued/filed: 2024-07-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268260 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1819V JEFFREY A. FOWLER, Chief Special Master Corcoran Petitioner, v. Filed: May 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Howard Scott Gold, Gold Law Firm, Wellesley, MA, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 10, 2020, Jeffrey A. Fowler 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 he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a pneumococcal conjugate vaccine (PCV-13) administered on December 15, 2017. Petition at 1. On July 25, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 32. 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $15,717.91 (representing $15,095.79 in fees plus $622.12 in costs). Petitioner’s Application for Attorneys’ Fees (“Motion”) filed January 23, 2024, ECF No. 37. In accordance with General Order No. 9, Petitioner filed a signed statement indicating that he incurred no out-of-pocket expenses. Motion, at 1. Respondent reacted to the motion on January 26, 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. 38. 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 9 - 11. 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 $15,717.91 (representing $15,095.79 in fees plus $622.12 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Howard S. Gold. Petitioner requests payment be forwarded to Gold Law Firm, LLC, 18 Moran Circle, Sudbury, MA 01776. 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