VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01873 Package ID: USCOURTS-cofc-1_20-vv-01873 Petitioner: Glenda Gotlieb Filed: 2023-07-24 Decided: 2023-07-24 Vaccine: Vaccination date: Condition: Outcome: compensated Award amount USD: 42500 AI-assisted case summary: This case involves a petitioner who received compensation following a joint stipulation between the parties. The decision, issued by Chief Special Master Brian H. Corcoran on July 24, 2023, awards the petitioner a lump sum of $42,500.00. This amount is intended to cover all items of damages available under Section 15(a) of the relevant program. The parties filed their stipulation on June 21, 2023, indicating an agreement for compensation. The court found the stipulation reasonable and adopted it as the decision awarding damages. The Clerk of Court was directed to enter judgment in accordance with this decision, unless a motion for review was filed. The specific vaccine, date of vaccination, petitioner's age, and the nature of the injury or condition were not detailed in this particular filing. Theory of causation field: The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the petitioner's age at the time of vaccination, or the specific condition or injury alleged. The parties filed a joint stipulation on June 21, 2023, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted this stipulation as the decision, awarding a lump sum of $42,500.00 to the Petitioner. This award is intended to cover all items of damages available under Section 15(a). The decision does not detail the theory of causation, any medical experts, or specific medical evidence considered, as it was based on a joint stipulation for compensation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01873-0 Date issued/filed: 2023-07-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/22/2023) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01873-UNJ Document 40 Filed 07/24/23 Page 1 of 7 Case 1:20-vv-01873-UNJ Document 40 Filed 07/24/23 Page 2 of 7 Nevertheless, on June 21, 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 $42,500.00 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-01873-UNJ Document 40 Filed 07/24/23 Page 3 of 7 Case 1:20-vv-01873-UNJ Document 40 Filed 07/24/23 Page 4 of 7 Case 1:20-vv-01873-UNJ Document 40 Filed 07/24/23 Page 5 of 7 Case 1:20-vv-01873-UNJ Document 40 Filed 07/24/23 Page 6 of 7 Case 1:20-vv-01873-UNJ Document 40 Filed 07/24/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01873-cl-extra-10735625 Date issued/filed: 2024-04-15 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269035 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1873V GLENDA GOTLIEB, Chief Special Master Corcoran Petitioner, v. Filed: March 15, 2024 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs Respondent. Brian L. Cinelli, Schiffmacher Cinelli Adoff, LLP, Buffalo, NY , for Petitioner Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 16, 2020, Glenda Gotlieb 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 that was administered to her on September 25, 2018. Petition at 1. On June 22, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 37. 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 (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $29,234.20 (representing $28,597.50 in fees plus $636.70 in costs). Petitioner’s Final Motion for Attorney Fees and Cost (“Motion”) filed Dec. 12, 2023, ECF No. 42. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred no out-of-pocket expenses. ECF No. 42 - 7. Respondent reacted to the motion on December 26, 2023, 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, ECF No. 37. 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. ECF No. 42 – 3 at 14 - 31. 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 $29,234.20 (representing $28,597.50 in fees plus $636.70 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Brian L. Cinelli. 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