VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01904 Package ID: USCOURTS-cofc-1_20-vv-01904 Petitioner: Clare Dominque Filed: 2020-12-18 Decided: 2025-01-13 Vaccine: Tdap Vaccination date: 2020-02-10 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 40004 AI-assisted case summary: Clare Dominque filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving a Tdap vaccine on February 10, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA), which is a condition listed on the Vaccine Injury Table. The petition stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that no civil action had been filed or compensation received for the injury. Respondent denied that Ms. Dominque sustained a SIRVA Table injury or that the vaccine caused any other injury. Despite these positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The decision awarded Ms. Dominque a lump sum of $36,000.00 for damages and $4,004.26 to reimburse a Medicaid lien for services rendered by the Commonwealth of Massachusetts. This award represents compensation for all items of damages available under the program. The case was resolved via stipulation, with the court adopting the parties' agreement as its decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01904-0 Date issued/filed: 2025-01-13 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/09/2024) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01904-UNJ Document 39 Filed 01/13/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1904V CLARE DOMINQUE, Chief Special Master Corcoran Petitioner, Filed: December 9, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 18, 2020, Clare Dominque 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”), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on February 10, 2020. Petition at 1, ¶ 2; Stipulation, filed Dec. 9, 2024, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for the SIRVA. Petition at 1, ¶¶ 2, 7-9; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the Tdap vaccine caused [P]etitioner any other injury or [P]etitioner’s current condition.” Stipulation at ¶ 6. 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-01904-UNJ Document 39 Filed 01/13/25 Page 2 of 8 Nevertheless, on December 9, 2024, 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) A lump sum of $36,000.00 in the form of a check payable to Petitioner; and b) A lump sum of $4,004.26, representing reimbursement for a Medicaid lien for services rendered to petitioner by the Commonwealth of Massachusetts – Executive Office of Health and Human Services (“EOHHS”), in the form of a check payable jointly to Petitioner and the Commonwealth of Massachusetts – EOHHS: Commonwealth of MA – EOHHS Casualty Recovery P.O. Box 417811 Boston MA 02241-7811 Case Number: CRG685997 Petitioner agrees to endorse this check to the Commonwealth of MA – EOHHS. 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-01904-UNJ Document 39 Filed 01/13/25 Page 3 of 8 Vlneslgn Document ID: 1D 9D82OF-D599-4A32-89D0.BA65C3FEF08E IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CLARE DOMINQUE, Petitioner, No. 20-1904V Chief Special Master Corcoran v. ECF SECRETA RY OF HEALT H AND HUMAN SERVICES, Respondent. STIPJJLATIQN The parties hereby stipulate to the fo11owing matters: I. CJare Dominque ("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 a tetanus, diphtheria, and acellular pertussis (''Tdaph) vaccination, which is a vaccine that is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § J00.3(a). 2. Petitioner received a Tdap vaccine on February I 0, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA'') within the time period set forth in the Table. Petitioner further alleges that she suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitionerts behalf as a result of the aJleged injury. The signed document can be validated at https://app.vinesign.comNerify Case 1:20-vv-01904-UNJ Document 39 Filed 01/13/25 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA Table injury; and denies that the Tdap vaccine caused petitioner any other injury or petitioner's current condition. 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 terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments for all damages that would be available under 42 U.S.C. § 300aa-15(a): A. A lump sum of $36,000.00 in the fonn of a check payable to petitioner; and B. A lump sum of $4,004.26, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the Commonwealth of Massachusetts - Executive Office of Health and Human Services {"EOHHS"). in the form of a check payable jointly to petitioner and the Commonwealth of Massachusetts - EOHHS: Commonwealth of MA -EOHHS Casualty Recovery P.O. Box 417811 Boston, MA 02241-7811 Case Number: CRG685997 Petitioner agrees to endorse this check to the Commonwealth of MA - EOHHS. 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 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of Massachusetts may have against any individual as a result of any Medicaid payments the Commonwealth of Massachusetts - EOHHS has made to or on behalf of Clare Dominque as a result of her alleged vaccine-related injury suffered on or about February JO, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-l5(g), (h). 2 Case 1:20-vv-01904-UNJ Document 39 Filed 01/13/25 Page 5 of 8 U.S.C. § 300aa►2t(a)(l), 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-15(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 that provide health services on a pre-paid basis. 11. Payments 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 unreimbursed 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~15(a) and (d), and subject to the conditions of4 2 U.S.C. § 300aa-t 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf ofp etitioner's heirs, executors, 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 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 3 Case 1:20-vv-01904-UNJ Document 39 Filed 01/13/25 Page 6 of 8 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 Tdap vaccination administered on February l 0, 2020, as alleged in a petition for vaccine compensation filed on or about December 18, 2020, in the United States Court of Federal Claims as petition No. 20-1904V. 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. If the special master fails to issue a decision in complete confonnity 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 ofliability and damages claimed under the National Childhood Vaccine Injury Act of J 986, 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 Tdap vaccine caused petitioner's alleged injury 4 Case 1:20-vv-01904-UNJ Document 39 Filed 01/13/25 Page 7 of 8 or any other injury or petitioner's current disabilities, 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 5 Case 1:20-vv-01904-UNJ Document 39 Filed 01/13/25 Page 8 of 8 Respectfully submitted, PETITIONER: CLARE DOMINQUE ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATIORNEY GENERAL: ~ k ~~~Q~ AMYA.SENEkfH HEATHER L. PEARLMAN Attorney for Petitioner Deputy Director Muller Brazil Torts Branch 715 Twinning Road, Suite 208 Civil Division Dresher, PA 19025 U.S. Department of Justice Tel: (215) 885-1655 P.O. Box 146 Fax: (215) 885-1644 Benjamin Franklin Station amy@myvaccinelawyer.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTII RESPONDENT: AND HUMAN SERVICES: s J e an rey • Olglcally •Ired by fefl'rq S. Beach ·S Be ac h •S . Date:2024.11.0l 01:2.2M .osw for CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Tri I 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 of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 305-4014 Rockville, MD 20857 Email: jamicam.littles@usdoj.gov 2__,_/__,_7__,_/_,:;_4'-_ Dated:---'-/ I I 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01904-cl-extra-10779850 Date issued/filed: 2025-01-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10313262 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1904V CLARE DOMINQUE, Chief Special Master Corcoran Petitioner, Filed: December 9, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 18, 2020, Clare Dominque 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”), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on February 10, 2020. Petition at 1, ¶ 2; Stipulation, filed Dec. 9, 2024, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for the SIRVA. Petition at 1, ¶¶ 2, 7-9; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the Tdap vaccine caused [P]etitioner any other injury or [P]etitioner’s current condition.” Stipulation at ¶ 6. 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). Nevertheless, on December 9, 2024, 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) A lump sum of $36,000.00 in the form of a check payable to Petitioner; and b) A lump sum of $4,004.26, representing reimbursement for a Medicaid lien for services rendered to petitioner by the Commonwealth of Massachusetts – Executive Office of Health and Human Services (“EOHHS”), in the form of a check payable jointly to Petitioner and the Commonwealth of Massachusetts – EOHHS: Commonwealth of MA – EOHHS Casualty Recovery P.O. Box 417811 Boston MA 02241-7811 Case Number: CRG685997 Petitioner agrees to endorse this check to the Commonwealth of MA – EOHHS. 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 Vlneslgn Document ID: 1D9D82OF-D599-4A32-89D0.BA65C3FEF08E IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CLARE DOMINQUE, Petitioner, No. 20-1904V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPJJLATIQN The parties hereby stipulate to the fo11owing matters: I. CJare Dominque ("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 a tetanus, diphtheria, and acellular pertussis (''Tdaph) vaccination, which is a vaccine that is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § J00.3(a). 2. Petitioner received a Tdap vaccine on February I 0, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA'') within the time period set forth in the Table. Petitioner further alleges that she suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitionerts behalf as a result of the aJleged injury. The signed document can be validated at https://app.vinesign.comNerify 6. Respondent denies that petitioner sustained a SIRVA Table injury; and denies that the Tdap vaccine caused petitioner any other injury or petitioner's current condition. 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 ofjudgment 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments for all damages that would be available under 42 U.S.C. § 300aa-15(a): A. A lump sum of $36,000.00 in the fonn of a check payable to petitioner; and B. A lump sum of $4,004.26, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the Commonwealth of Massachusetts - Executive Office of Health and Human Services {"EOHHS"). in the form of a check payable jointly to petitioner and the Commonwealth of Massachusetts - EOHHS: Commonwealth of MA - EOHHS Casualty Recovery P.O. Box 417811 Boston, MA 02241 -7811 Case Number: CRG685997 Petitioner agrees to endorse this check to the Commonwealth of MA - EOHHS. 9. As soon as practicable after the entry ofjudgment on entitlement in this case. and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of Massachusetts may have against any individual as a result of any Medicaid payments the Commonwealth of Massachusetts - EOHHS has made to or on behalf of Clare Dominque as a result of her alleged vaccine-related injury suffered on or about February JO, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-l5(g), (h). 2 U.S.C. § 300aa►2t(a)(l), 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-15(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 that provide health services on a pre-paid basis. 11. Payments 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 unreimbursed 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~15(a) and (d), and subject to the conditions of42 U.S.C. § 300aa-t 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's heirs, executors, 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 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 3 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 Tdap vaccination administered on February l 0, 2020, as alleged in a petition for vaccine compensation filed on or about December 18, 2020, in the United States Court of Federal Claims as petition No. 20-1904V. 14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete confonnity 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 ofliability and damages claimed under the National Childhood Vaccine Injury Act of J986, 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 Tdap vaccine caused petitioner's alleged injury 4 or any other injury or petitioner's current disabilities, 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 5 Respectfully submitted, PETITIONER: CLARE DOMINQUE ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATIORNEY GENERAL: ~k AMYA.SENEkfH Attorney for Petitioner ~~~Q~ HEATHER L. PEARLMAN Deputy Director Muller Brazil Torts Branch 715 Twinning Road, Suite 208 Civil Division Dresher, PA 19025 U.S. Department of Justice Tel: (215) 885- 1655 P.O. Box 146 Fax: (215) 885-1644 Benjamin Franklin Station amy@myvaccinelawyer.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTII RESPONDENT: AND HUMAN SERVICES: Jenrey s• a Olglcally •Ired by fefl'rq S. Beach ·S Date:2024.11.0l Beac h •S . for 01:2.2M .osw CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Tri I 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 of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 305-4014 Rockville, MD 20857 Email: jamicam.littles@usdoj.gov 2__,_/__,_7__,_/_,:;_4'-_ Dated:---'-/ I I 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01904-cl-extra-11092694 Date issued/filed: 2025-07-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10626106 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1904V CLARE DOMINQUE, Chief Special Master Corcoran Petitioner, Filed: June 6, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 18, 2020, Clare Dominque 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 following a tetanus, diphtheria, acellular pertussis vaccine she received on February 10, 2020. Petition, ECF No. 1. On December 9, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 35. 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 $18,215.70 (representing $17,072.40 in fees plus $1,143.30 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed April 14, 2025, ECF No. 40. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 40 at 2. Respondent reacted to the motion on April 15, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-4, ECF No. 41. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2024 are reasonable and consistent with our prior determinations. Petitioner has also requested the hourly rate of $425.00 for 2025 work performed by attorney Amy Senerth, representing a rate increase of $25.00 from the previous year. I find the proposed rate to be reasonable and hereby award it herein. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 40 at 18-25. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. 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. Petitioner is awarded attorneys’ fees and costs in the total amount of $18,215.70 (representing $17,072.40 in fees plus $1,143.30 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. 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