VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01928 Package ID: USCOURTS-cofc-1_20-vv-01928 Petitioner: Laurel Acosta Filed: 2020-12-21 Decided: 2023-03-17 Vaccine: influenza Vaccination date: 2019-10-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62500 AI-assisted case summary: Laurel Acosta filed a petition for compensation under the National Vaccine Injury Compensation Program on December 21, 2020. She alleged that an influenza vaccine administered on October 16, 2019, caused her to develop a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Acosta was entitled to compensation. The respondent agreed that her condition, SIRVA, is listed on the Vaccine Injury Table and that the statutory requirements were met, including the six-month sequela requirement. On October 21, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Acosta eligible for an award. Subsequently, on February 8, 2023, the respondent filed a proffer recommending an award of $62,500.00 for pain and suffering. Ms. Acosta agreed to this proffered amount. Based on the record and the parties' agreement, Chief Special Master Corcoran issued a decision on March 17, 2023, awarding Ms. Acosta a lump sum payment of $62,500.00 for pain and suffering. The decision was issued by Chief Special Master Brian H. Corcoran. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Meghan Murphy of the U.S. Department of Justice. Theory of causation field: Petitioner Laurel Acosta filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 16, 2019. The respondent conceded entitlement, agreeing that SIRVA is a "Table Injury" under 42 C.F.R. § 100.3(a)(XIV)(B) and that the statutory requirements, including the six-month sequela period under Section 11(c)(D)(I), were met. The public text does not describe the specific medical onset, symptoms, diagnostic tests, treatments, or expert testimony. The theory of causation is based on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 21, 2022, finding Petitioner eligible. A subsequent decision on March 17, 2023, awarded Petitioner $62,500.00 for pain and suffering, based on a proffer agreed to by both parties. Petitioner was represented by Ronald Craig Homer, and Respondent was represented by Meghan Murphy. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01928-0 Date issued/filed: 2022-11-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/21/2022) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01928-UNJ Document 33 Filed 11/22/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1928V UNPUBLISHED LAUREL ACOSTA, Chief Special Master Corcoran Petitioner, v. Filed: October 21, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Ruling on Entitlement; Concession; Table Injury; Influenza (Flu); Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA). Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 21, 2020, Laurel Acosta 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 as a result of receiving an influenza (“flu”) vaccine on October 16, 2019, she developed a shoulder injury related to vaccine administration (“SIRVA”), as listed on the Vaccine Injury Table, 42 C.F.R. § 100.3. Petition at Preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 21, 2022, 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 states that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for 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-01928-UNJ Document 33 Filed 11/22/22 Page 2 of 2 SIRVA following receipt of a flu vaccine. Id. at 6 (citing 42 C.F.R. §§ 100.3(a)(XIV)(B), (c)(10(i-iv)). Respondent further agrees that the statutory six-month sequela requirement has been satisfied. Id. (citing Vaccine Act Section 11(c)(D)(I)). 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-01928-1 Date issued/filed: 2023-03-17 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/13/2023) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01928-UNJ Document 39 Filed 03/17/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1928V UNPUBLISHED LAUREL ACOSTA, Chief Special Master Corcoran Petitioner, Filed: February 13, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 21, 2020, Laurel Acosta 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”) caused by an influenza (“flu”) vaccine administered on October 16, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 21, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On February 8, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $62,500.00 for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees 1 Because this unpublished Decision 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 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-01928-UNJ Document 39 Filed 03/17/23 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 $62,500.00 for 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-01928-UNJ Document 39 Filed 03/17/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LAUREL ACOSTA, ) ) Petitioner, ) ) No. 20-1928V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 21, 2020, Laurel Acosta (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. The petition alleges that as a result of receiving an influenza (“flu”) vaccination on October 16, 2019, petitioner suffered from a shoulder injury related to vaccine administration (“SIRVA”). See Petition at Preamble. On October 21, 2022, 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. ECF No. 31. On October 21, 2022, Chief Special Master Corcoran issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 32. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:20-vv-01928-UNJ Document 39 Filed 03/17/23 Page 4 of 5 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 Chief Special Master Corcoran’s decision and the Court’s judgment award the following1: a lump sum payment of $62,500.00, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Laurel Acosta: $62,500.00 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:20-vv-01928-UNJ Document 39 Filed 03/17/23 Page 5 of 5 /s/ Meghan R. Murphy MEGHAN R. MURPHY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4264 meghan.r.murphy@usdoj.gov DATED: February 9, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01928-cl-extra-10736642 Date issued/filed: 2024-01-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270052 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1928V LAUREL ACOSTA, Chief Special Master Corcoran Petitioner, v. Filed: November 21, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 21, 2020, Laurel Acosta 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 caused by an influenza vaccine administered on October 16, 2019. Petition, ECF No. 1. On February 13, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 38. 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 $22,774.37 (representing $22,139.30 in fees plus $635.07 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Sept. 7, 2023, ECF No. 42. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. ECF No. 43. Respondent reacted to the motion on Sept. 13, 2023, reporting 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. 44. Petitioner did not file a reply 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. Motion at 22-32. 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 $22,774.37 (representing $22,139.30 in fees plus $635.07 in attorney’s costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Ronald C. Homer. 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