VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01973 Package ID: USCOURTS-cofc-1_20-vv-01973 Petitioner: Yolanda Marie Martinez Filed: 2020-12-28 Decided: 2024-10-07 Vaccine: Tdap Vaccination date: 2018-01-11 Condition: Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 145000 AI-assisted case summary: Yolanda Marie Martinez filed a petition on December 28, 2020, seeking compensation for Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), which she alleged were caused by a Tdap vaccination received on January 11, 2018. The Tdap vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused Ms. Martinez's alleged conditions. Despite maintaining their positions on causation, both parties agreed to settle the case. A joint stipulation was filed on July 30, 2024, outlining the terms of the settlement. The Special Master adopted the stipulation as the decision. Ms. Martinez was awarded a total of $145,000: $95,000 as a lump sum payment to her, and $50,000 to reimburse a lien for services rendered by the Colorado Department of Health Care Policy & Financing. This award represents compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was issued on October 7, 2024. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01973-0 Date issued/filed: 2024-10-07 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 08/16/2024) regarding 54 DECISION of Special Master - Stipulation. Signed by Special Master Jennifer A. Shah. (saj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01973-UNJ Document 60 Filed 10/07/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1973 * * * * * * * * * * * * * * * * * * * * * * * * * * * * YOLANDA MARIE MARTINEZ, UNPUBLISHED * * Petitioner, * Filed: August 16, 2024 * * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Laura Levenberg, Muller Brazil, Dresher, PA, for Petitioner Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On December 28, 2020, Yolanda Marie Martinez (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she suffered from Guillain-Barré Syndrome ("GBS") and/or Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") as a result of the tetanus, diphtheria, and acellular-pertussis ("Tdap") vaccination she received on January 11, 2018. See Stipulation ¶ 2, 4, dated July 30, 2024 (ECF No. 52); see also Pet. Respondent denies “that the Tdap vaccine caused petitioner to suffer from GBS or CIDP, 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:20-vv-01973-UNJ Document 60 Filed 10/07/24 Page 2 of 8 or any other injury or her current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed, in a stipulation filed July 30, 2024, that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.3 The stipulation awards: a lump sum of $95,000.00 in the form of a check payable to Petitioner; a lump sum payment of $50,000.00, which represents reimbursement of a lien for services rendered on behalf of Petitioner by the Colorado Department of Health Care Policy & Financing, in the form of a check payable jointly to Petitioner and: Colorado Department of Health Care Policy and Financing Tort and Casualty Recovery Program 1570 Grant Street Denver, CO 80203 Medicaid State I.D. No: J230290 Attn: Erika Herrera Petitioner agrees to endorse this check to the Colorado Department of Health Care Policy and Financing. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.4 IT IS SO ORDERED. s/ Jennifer A. Shah Jennifer A. Shah Special Master 3 Petitioner electronically signed the stipulation using VineSign. Pursuant to OSM policy as of December 6, 2023, the last page of the stipulation containing Petitioner’s email address, phone number, and IP address has been removed prior to filing to avoid unnecessary disclosure of Petitioner’s personal information. 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 inesign DocumentC IaDs: eE 17:92C0-8vEv-90B1-917B34-5U-N4J1 M - BD9o1c2u-mBe9n8t9 6904 E 3 F0iAle3d4 1 0/07/24 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) YOLANDA MARIE MARTINEZ, ) ) Petitioner, ) V. ) ) No. 20-1973V SECRETARY OF HEALTH ) Special Master Oler AND HUMAN SERVICES, ) ECF ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Yolanda Marie Martinez, 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 vaccine ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received her Tdap vaccination on January 11, 2018. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she suffered from Guillain-Barre Syndrome ("GBS") and/or Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") that was caused-in-fact by the Tdap vaccine. Petitioner further alleges that petitioner 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 her behalf as a result of the alleged injury. he signed document can be validated at https://app.vinesign.comNerify Case 1:20-vv-01973-UNJ Document 60 Filed 10/07/24 Page 4 of 8 6. Respondent denies that the Tdap vaccine caused petitioner to suffer from GBS or CIDP, or any other injury or her 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 of judgment 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-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of $95,000.00 in the form of a check payable to petitioner; b. A lump sum payment of $50,000.00, 1 which amount represents reimbursement of a lien for services rendered on behalf of petitioner by the Colorado Department of Health Care Policy & Financing, in the form of a check payable jointly to petitioner and: Colorado Department of Health Care Policy and Financing Tort and Casualty Recovery Program 1570 Grant Street Denver, CO 80203 Medicaid State I.D. No: J230290 Attn: Erika Herrera Petitioner agrees to endorse this check to the Colorado Department of Health Care Policy and Financing. These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Colorado may have against any individual as a result of any Medicaid payments the Colorado State Program has made to or on behalf of Yolanda Marie Martinez as a result of her alleged vaccine-related injury following the Tdap vaccine administered on January 11, 2018, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 Case 1:20-vv-01973-UNJ Document 60 Filed 10/07/24 Page 5 of 8 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 U.S.C. § 300aa-21(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 her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-1 S(g), including 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. 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 unreimbursable expenses, the money provided pursuant to this Stipulation either immediately or as part of the annuity contract, will be used solely for petitioner's benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa- 15(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, 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 3 Case 1:20-vv-01973-UNJ Document 60 Filed 10/07/24 Page 6 of 8 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-10 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 January 11, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about December 28, 2020, in the United States Court of Federal Claims as petition No. 20-1973V. 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 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 Injury 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. 4 Case 1:20-vv-01973-UNJ Document 60 Filed 10/07/24 Page 7 of 8 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 GBS or CIDP or any other injury or her current condition. 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-01973-UNJ Document 60 Filed 10/07/24 Page 8 of 8 Respectfully submitted, PETITIONER: YOLANDA MARIE MARTINEZ ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~N~ ~~~_Q(-1 j A A ,.__ HEATHER L. PEARLMAN' --"-..41 MULLER BRAZIL, LLP Deputy Director 715 Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division Tel: (215) 885-1655 U.S. Department of Justice Email: laura@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: s. Jeffrey Digitally signed by Jeffrey S. Beach -S Be a h S Date:2024.07.16 C - _ 13:2s:14 -04•00· for CAPT GEORGE REED GRIMES, MD, MPH ALEC SAXE Director, Division of Injury Trial 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) 353-7722 Rockville, MD 20857 Email: alec.saxe@usdoj.gov 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01973-cl-extra-10734070 Date issued/filed: 2024-10-07 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267480 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1973 ************************* * * YOLANDA MARIE MARTINEZ, * * UNPUBLISHED * Petitioner, * Filed: August 16, 2024 * v. * * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * ************************* * Laura Levenberg, Muller Brazil, Dresher, PA, for Petitioner Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On December 28, 2020, Yolanda Marie Martinez (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”). 2 Pet., ECF No. 1. Petitioner alleges she suffered from Guillain-Barré Syndrome ("GBS") and/or Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") as a result of the tetanus, diphtheria, and acellular-pertussis ("Tdap") vaccination she received on January 11, 2018. See Stipulation ¶ 2, 4, dated July 30, 2024 (ECF No. 52); see also Pet. Respondent denies “that the Tdap vaccine caused petitioner to suffer from GBS or CIDP, 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. or any other injury or her current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed, in a stipulation filed July 30, 2024, that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. 3 The stipulation awards: a lump sum of $95,000.00 in the form of a check payable to Petitioner; a lump sum payment of $50,000.00, which represents reimbursement of a lien for services rendered on behalf of Petitioner by the Colorado Department of Health Care Policy & Financing, in the form of a check payable jointly to Petitioner and: Colorado Department of Health Care Policy and Financing Tort and Casualty Recovery Program 1570 Grant Street Denver, CO 80203 Medicaid State I.D. No: J230290 Attn: Erika Herrera Petitioner agrees to endorse this check to the Colorado Department of Health Care Policy and Financing. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith. 4 IT IS SO ORDERED. s/ Jennifer A. Shah Jennifer A. Shah Special Master 3 Petitioner electronically signed the stipulation using VineSign. Pursuant to OSM policy as of December 6, 2023, the last page of the stipulation containing Petitioner’s email address, phone number, and IP address has been removed prior to filing to avoid unnecessary disclosure of Petitioner’s personal information. 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 inesign Document ID: E79C8E9B-1B45-41M-B912-B98994E30A34 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) YOLANDA MARIE MARTINEZ, ) ) Petitioner, ) V. ) ) No. 20-1973V SECRETARY OF HEALTH ) Special Master Oler AND HUMAN SERVICES, ) ECF ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Yolanda Marie Martinez, 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 vaccine ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received her Tdap vaccination on January 11, 2018. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she suffered from Guillain-Barre Syndrome ("GBS") and/or Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") that was caused-in-fact by the Tdap vaccine. Petitioner further alleges that petitioner 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 her behalf as a result of the alleged injury. he signed document can be validated at https://app.vinesign.comNerify 6. Respondent denies that the Tdap vaccine caused petitioner to suffer from GBS or CIDP, or any other injury or her 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 of judgment 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-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of $95,000.00 in the form of a check payable to petitioner; b. A lump sum payment of $50,000.00, 1 which amount represents reimbursement of a lien for services rendered on behalf of petitioner by the Colorado Department of Health Care Policy & Financing, in the form of a check payable jointly to petitioner and: Colorado Department of Health Care Policy and Financing Tort and Casualty Recovery Program 1570 Grant Street Denver, CO 80203 Medicaid State I.D. No: J230290 Attn: Erika Herrera Petitioner agrees to endorse this check to the Colorado Department of Health Care Policy and Financing. These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Colorado may have against any individual as a result of any Medicaid payments the Colorado State Program has made to or on behalf of Yolanda Marie Martinez as a result of her alleged vaccine-related injury following the Tdap vaccine administered on January 11, 2018, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 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-21(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 her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-1 S(g), including 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. 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 unreimbursable expenses, the money provided pursuant to this Stipulation either immediately or as part of the annuity contract, will be used solely for petitioner's benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa- 15(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, 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 3 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-10 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 January 11, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about December 28, 2020, in the United States Court of Federal Claims as petition No. 20-1973V. 14. If petitioner should die prior to entry of judgment, 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 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 Injury 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. 4 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 GBS or CIDP or any other injury or her current condition. 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: YOLANDA MARIE MARTINEZ ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~N~ MULLER BRAZIL, LLP ~ ~ ~ _ Q ( - 1 j A A41, . _ _ HEATHER L. PEARLMAN'--"-.. Deputy Director 715 Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division Tel: (215) 885-1655 U.S. Department of Justice Email: laura@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey s. Digitally signed by Jeffrey S. Beach -S Date:2024.07.16 Bea Ch - S _ 13:2s:14 -04•00· for CAPT GEORGE REED GRIMES, MD, MPH ALEC SAXE Director, Division of Injury Trial 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) 353-7722 Rockville, MD 20857 Email: alec.saxe@usdoj.gov 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01973-cl-extra-11053882 Date issued/filed: 2025-05-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10587294 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1973V * * * * * * * * * * * * * * * YOLANDA MARIE MARTINEZ, * * Petitioner, * Special Master Shah * v. * Filed: April 15, 2025 * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 On December 28, 2020, Yolanda Marie Martinez (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet. (ECF No. 1). Petitioner alleged that she suffered from Guillain-Barré syndrome (“GBS”) and/or Chronic Inflammatory Demyelinating Polyneuropathy (“CIPD”) as a result of the tetanus, diphtheria, and acellular-pertussis (“Tdap”) vaccination she received on January 11, 2018. See id. On July 30, 2024, the parties filed a stipulation, which I adopted in a Decision awarding compensation on August 16, 2024. ECF Nos. 52, 54. Petitioner was awarded $95,000.00 for pain and suffering and $50,000.00 to satisfy a Medicaid lien. ECF No. 54. 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 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2018)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. On September 23, 2024, Petitioner filed an application for final attorneys’ fees and costs (“Fees App.”). ECF No. 58. Petitioner requests attorneys’ fees and costs in the amount of $42,844.65, consisting of $39,165.20 in attorneys’ fees and $3,679.45 in attorneys’ costs. Fees App. at 2. Petitioner indicated she did not personally incur costs related to the prosecution of this petition. See id. Respondent responded to the motion (“Fees Resp.”) on October 2, 2024, stating that “Respondent is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case” and requesting “that the Court exercise its discretion and determine a reasonable award for attorneys’ fees and costs.” Fees Resp. at 2-3 (ECF No. 59). Petitioner did not file a reply. This matter is now ripe for consideration. I. Attorneys’ Fees and Costs Section 15(e)(1) of the Vaccine Act allows the special master to award “reasonable attorneys’ fees, and other costs.” § 300aa–15(e)(1)(A)–(B). Petitioners are entitled to an award of reasonable attorneys’ fees and costs if they are entitled to compensation under the Vaccine Act, or, even if they are unsuccessful, they are eligible so long as the special master finds that the petition was filed in good faith and with a reasonable basis. Avera v. Sec’y of Health & Hum. Servs., 515 F.3d 1343, 1352 (Fed. Cir. 2008). Here, because Petitioner was awarded compensation pursuant to a stipulation, she is entitled to a final award of reasonable attorneys’ fees and costs. It is “well within the special master’s discretion” to determine the reasonableness of fees. Saxton v. Sec’y of Health & Hum. Servs., 3 F.3d 1517, 1521-22 (Fed. Cir. 1993); see also Hines v. Sec’y of Health & Hum. Servs., 22 Cl. Ct. 750, 753 (1991) (“[T]he reviewing court must grant the special master wide latitude in determining the reasonableness of both attorneys’ fees and costs.”). Applications for attorneys’ fees must include contemporaneous and specific billing records that describe the work performed and the number of hours spent on said work. See Savin v. Sec’y of Health & Hum. Servs., 85 Fed. Cl. 313, 316-18 (2008). A. Reasonable Hourly Rates Reasonable hourly rates are determined by looking at the “prevailing market rate” in the relevant community. See Blum v. Stenson, 465 U.S. 886, 895 (1984). The “prevailing market rate” is akin to the rate “in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.” Id. at 895 n.11. The petitioner bears the burden of providing adequate evidence to prove that the requested hourly rate is reasonable. Id. Petitioner requests the following rates of compensation for her attorneys: and for Mr. Max Muller, $375.00 per hour for work performed in 2021; for Ms. Laura Levenberg, $275.00 per hour for work performed in 2021, $350.00 per hour for work performed in 2022, $375.00 per hour for work performed in 2023, and $400.00 per hour for work performed in 2024; for Mr. Paul Brazil, $350.00 per hour for work performed in 2020, and $375.00 per hour for work performed in 2021; and for Ms. Leigh Finfer, $275.00 per hour for work performed in 2021. These rates are consistent with what counsel have previously been awarded for their Vaccine Program work, and I find them to be reasonable here. See Askins v. Sec’y of Health & Hum. Servs., No. 21-1907V, 2024 WL 2 4930691, at *2 (Fed. Cl. Spec. Mstr. Nov. 5, 2024); Guilliod v. Sec’y of Health & Hum. Servs., No. 21-2299V, 2024 WL 4930736, at *2 (Fed. Cl. Spec. Mstr. Nov. 5, 2024). B. Reasonable Hours Expended Attorneys’ fees are awarded for the “number of hours reasonably expended on the litigation.” Avera, 515 F.3d at 1348. Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton, 3 F.3d at 1521 (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). Additionally, it is well-established that billing for administrative/clerical tasks is not permitted in the Vaccine Program. See, e.g., Rochester v. United States, 18 Cl. Ct. 379, 387 (1989); Arranga v. Sec’y of Health & Hum. Servs., No. 02- 1616V, 2018 WL 2224959, at *3 (Fed. Cl. Spec. Mstr. Apr. 12, 2018). The overall hours spent on this matter appear to be largely reasonable; however, a minor reduction is necessary. Several entries in the submitted billing records, totaling 3.5 hours, were for clerical or administrative tasks; specifically, for filing documents in CM/ECF. See Fees App., Ex. A. Examples include (but are not limited to): • November 18, 2021: 0.10 hours billed at $160.00 by paralegal Ms. Tereza Pavlacsek to “E-file SOC”; • February 15, 2022: 0.10 hours billed at $160.00 by Ms. Pavlacsek to “E-file JSR”; and • March 13, 2024: 0.10 hours billed at $177.00 by Ms. Pavlacsek to “E-file JSR.” See id. These clerical and administrative tasks resulted in $580.40 in charged fees. Accordingly, I find that a $580.40 reduction in attorneys’ fees, for the 3.5 hours billed for electronically filing documents, is appropriate. Accordingly, Petitioner is awarded final attorneys’ fees in the amount of $38,584.80. C. Attorneys’ Costs Like attorneys’ fees, a request for reimbursement of attorneys’ costs must be reasonable. Perreira v. Sec’y of Health & Hum. Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests a total of $3,679.45 in attorneys’ costs. This amount consists of costs associated with acquiring medical records, process server fees, and postage. Fees App. Ex. B at 1. Petitioner has provided adequate documentation supporting all requested costs, and Respondent has not identified any specific costs as objectionable. I find these costs to be reasonable and I award them in full. Accordingly, Petitioner is awarded final attorneys’ fees in the amount of $3,679.45. 3 II. Conclusion In accordance with the Vaccine Act, 42 U.S.C. § 300aa-15(e) (2018), I have reviewed the billing records and costs in this case and find that Petitioner’s request for fees and costs is reasonable, with the deductions described above. I find that it is reasonable to compensate Petitioner and her counsel as follows: Attorneys’ Fees Requested $39,165.20 (Reduction to Fees) ($580.40) Total Attorneys’ Fees Awarded $38,584.80 Attorneys’ Costs Requested $3,679.45 (Reduction to Costs) - Total Attorneys’ Costs Awarded $3,679.45 Total Attorneys’ Fees and Costs Awarded $42,264.25 Accordingly, I award a lump sum in the amount of $42,264.25, representing reimbursement for Petitioner’s attorneys’ fees and costs, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court shall enter judgment in accordance herewith.3 IT IS SO ORDERED. s/ Jennifer A. Shah Jennifer A. Shah Special Master 3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. Vaccine Rule 11(a). 4