VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02049 Package ID: USCOURTS-cofc-1_20-vv-02049 Petitioner: Belkis Diaz Filed: 2023-11-27 Decided: 2024-01-02 Vaccine: Tdap Vaccination date: 2019-04-09 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Belkis Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program on November 27, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on April 9, 2019. She claimed the residual effects of this condition lasted for more than six months. Respondent denied that Ms. Diaz sustained a SIRVA Table injury or that the vaccine caused her alleged injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The Chief Special Master adopted the stipulation as the decision, awarding Ms. Diaz a lump sum of $35,000.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages. The stipulation also outlines the process for awarding attorneys' fees and costs. Ms. Diaz released the United States and the Secretary of Health and Human Services from all claims related to the vaccination in exchange for the compensation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-02049-0 Date issued/filed: 2024-01-02 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 11/27/2023) regarding 41 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-02049-UNJ Document 45 Filed 01/02/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2049V BELKIS DIAZ, Chief Special Master Corcoran Petitioner, v. Filed: November 27, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 30, 2020, Belkis Diaz 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 a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine she received in her right arm on April 9, 2019. Petition at 1; Stipulation, filed at November 24, 2023, ¶¶ 1-4. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on November 24, 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. 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-02049-UNJ Document 45 Filed 01/02/24 Page 2 of 8 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $35,000.00, 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-02049-UNJ Document 45 Filed 01/02/24 Page 3 of 8 Vinesign Document ID: E5E83D37-6907483E-87FF-C28923521 B50 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS BELKIS DIAZ, Petitioner, No. 20-2049V Chief Special Master Corcoran v. ECF SECRET ARY OF HEALT H AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I . Belkis Diaz ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of a tetanus, diphtheria. and acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the ..T able"), 42 C.F.R. § I00.3(a) 2. Petitioner received a Tdap vaccine on April 9, 2019, in her right ann. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. She further alleges that she experienced the residual effects of this condition 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 her alleged injury. The signed document can be validated at https://app.vinesign.comNerify Case 1:20-vv-02049-UNJ Document 45 Filed 01/02/24 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 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 tenns 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 payment: A lump sum of $35,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 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-2l(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 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-l5(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. 2 Case 1:20-vv-02049-UNJ Document 45 Filed 01/02/24 Page 5 of 8 ·l l . Payment 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 attorney's fees and litigation costs, and past unreimbursable 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-1S(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(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 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 April 9, 2019, as alleged in a petition for vaccine compensation filed on or about December 30, 2020, in the United States Court of Federal Claims as petition No. 20-2049V. l 4. 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. 3 Case 1:20-vv-02049-UNJ Document 45 Filed 01/02/24 Page 6 of 8 15. If the special master fails to issue a decision in complete confonnity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity 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 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 or any other injury or her 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 4 Case 1:20-vv-02049-UNJ Document 45 Filed 01/02/24 Page 7 of 8 Respectfully submitted, PETITIONER: BELKIS DIAZ ;ATTcORNEY: OF R:ECO~RD FOR AUTHORIZED REPRESENTATIVE ~ GENERAL: "'/11t,2\\yL f<, W,s 1411'\a, 1 t4,-r.,c. ~--'T'( 'J?~C',Toll, h LAURAJ.LEVENBERG HEATHER L. PEARLMAN MULLER BRAZIL 4'- Deputy Director 715 Twinning Road, Ste. 208B Torts Branch Dresher, PA 19025 Civil Division (215) 885•1655 U.S. Department ofJustice amy@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTIIORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFBEALTH RESPONDENT: AND HUMAN SERVICES: Henry P Oigitally>ignedbyHent)'P, • Mcmillan •SS by Mcmillan -S5 :~2021.11.1s1s:26:11 CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury al Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services Administration U.S. Department of Justice U.S. Department of Health and P.O. Box 146 Human Services Benjamin Franklin Station 5600 Fishers Lane, 08W-25A Washington, DC 20044-0146 Rockville, MD 20857 (202) 451•7495 joseph.a.lewis@usdoj.gov s Case 1:20-vv-02049-UNJ Document 45 Filed 01/02/24 Page 8 of 8 Vinesign ..,/ Verification Complete • 1h ...: documem h11s oeen omc,,,ll'f vl;'nfic:-d . Documait Status "' Signed & Verified Document N•me Stipulation • Diaz Sender Name MuUerBrazil Document Key E5E83037-6907-483£-87FF-C28923521B50 RKlplent1 IP Address s11nature Belkis Diaz 8.20.97.26 (Uy kalynsofta@gmaff.com (305} 924-2967 Order 1 Document History Aetlvlty Date6Time fledplent Acdvlty Oecalls 11121/2023 00:21 UTC Belkis Diaz Signed by Belkis Olaz ((305) 924-2967) lllodcchlln !lode WlfHelk2jllh39ZSpMTNiTO/KYc8jpTy51Yanp7dlP Document Completed l>oalfflefttHah Mi&i& 12216SEC5S02ASD9E27CA78ACS 1560879F37Ef 871486F4198'763F6EFF88212E Tirn-p 11121nonoo21 urc 11/21/202300:19 UTC Belkis Diaz Vi~ by Bellcls o·,az ((30S) 924-2967) Document Viewed 4 11120/2023 20:S5 UTC Sent out via emaU to Bellcls Diaz (kalynsofi.a@gmall.com) Document Sent 4 11/20/2023 20:55 UTC Belkis Diaz Sent out via text to Belkis Diaz ((305} 924-2967) Document Sent 11/20/2023 20:55 UTC Cre.ited by Muller Brazil (medlcalrecords@myvacclnelawyer.com) Document Created ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-02049-cl-extra-10736630 Date issued/filed: 2024-01-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270040 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2049V BELKIS DIAZ, Chief Special Master Corcoran Petitioner, v. Filed: November 27, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 30, 2020, Belkis Diaz 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 a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine she received in her right arm on April 9, 2019. Petition at 1; Stipulation, filed at November 24, 2023, ¶¶ 1-4. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on November 24, 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. 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). Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $35,000.00, 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 Vinesign Document ID: E5E83D37-6907483E-87FF-C28923521 B50 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS BELKIS DIAZ, Petitioner, No. 20-2049V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I . Belkis Diaz ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of a tetanus, diphtheria. and acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the ..Table"), 42 C.F.R. § I00.3(a) 2. Petitioner received a Tdap vaccine on April 9, 2019, in her right ann. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. She further alleges that she experienced the residual effects of this condition 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 her alleged injury. The signed document can be validated at https://app.vinesign.comNerify 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 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 tenns 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 payment: A lump sum of $35,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 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 U.S.C. § 300aa-2l(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 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-l5(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. 2 ·l l . Payment 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 attorney's fees and litigation costs, and past unreimbursable 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-1S(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(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 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 April 9, 2019, as alleged in a petition for vaccine compensation filed on or about December 30, 2020, in the United States Court of Federal Claims as petition No. 20-2049V. l 4. 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. 3 15. If the special master fails to issue a decision in complete confonnity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity 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 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 or any other injury or her 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 4 Respectfully submitted, PETITIONER: BELKIS DIAZ ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE ;c::~ LAURAJ.LEVENBERG MULLER BRAZIL ~ h HEATHER L. PEARLMAN 4'- Deputy Director GENERAL: "'/11t,2\\yL f< , W,s 1411'\a,1 t4,-r.,c. ~ - - ' T ' ( 'J?~C',Toll, 715 Twinning Road, Ste. 208B Torts Branch Dresher, PA 19025 Civil Division (215) 885•1655 U.S. Department ofJustice amy@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTIIORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFBEALTH RESPONDENT: AND HUMAN SERVICES: Oigitally>ignedbyHent)'P, Henry P• Mcmillan •SS by Mcmillan -S5 :~2021.11.1s1s:26:11 CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury al Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services Administration U.S. Department of Justice U.S. Department of Health and P.O. Box 146 Human Services Benjamin Franklin Station 5600 Fishers Lane, 08W-25A Washington, DC 20044-0146 Rockville, MD 20857 (202) 451•7495 joseph.a.lewis@usdoj.gov s Vinesign ..,/ Verification Complete 1h...: docum e m h11s oeen omc,,,ll'f vl;'nfic:-d . • Documait Status "' Signed & Verified Document N•me Stipulation • Diaz Sender Name MuUerBrazil Document Key E5E83037-6907-483£-87FF-C28923521B50 RKlplent1 IP Address s11nature Belkis Diaz 8.20.97.26 kalynsofta@gmaff.com (305} 924-2967 (Uy Order 1 Document History Aetlvlty Date6Time fledplent Acdvlty Oecalls 11121/2023 00:21 UTC Belkis Diaz Signed by Belkis Olaz ((305) 924-2967) lllodcchlln !lode WlfHelk2jllh39ZSpMTNiTO/KYc8jpTy51Yanp7dlP Document Completed l>oalfflefttHah 12216SEC5S02ASD9E27CA78ACS1560879F37Ef871486F4198'763F6EFF88212E Mi&i& Tirn-p 11121nonoo21 urc 11/21/202300:19 UTC Belkis Diaz Vi~ by Bellcls o·,az ((30S) 924-2967) Document Viewed 4 11120/2023 20:S5 UTC Sent out via emaU to Bellcls Diaz (kalynsofi.a@gmall.com) Document Sent 4 11/20/2023 20:55 UTC Belkis Diaz Sent out via text to Belkis Diaz ((305} 924-2967) Document Sent 11/20/2023 20:55 UTC Cre.ited by Muller Brazil (medlcalrecords@myvacclnelawyer.com) Document Created ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-02049-cl-extra-10735457 Date issued/filed: 2024-05-01 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268867 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2049V BELKIS DIAZ, Chief Special Master Corcoran Petitioner, v. Filed: March 27, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 30, 2020, Belkis Diaz 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 as a result of a tetanus, diphtheria, and acellular pertussis vaccine she received in her right arm on April 9, 2019. Petition, ECF No. 1. On November 27, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 41. 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 $16,924.85 (representing $16,141.80 in fees plus $783.05 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Feb. 9, 2024, ECF No. 46. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred no out-of-pocket expenses. Id. at 2. Respondent reacted to the motion on Feb. 13, 2024, 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. 47. Petitioner did not file a reply thereafter. The rates requested for work performed through the end of 2023 are reasonable and consistent with our prior determinations and will therefore be adopted herein. Petitioner has also requested the hourly rate of $400 for 2024 work performed by attorney Laura Levenberg, a rate increase of $25. Motion at 12. I find this hourly rate to be reasonable and will award the attorney’s fees requested. All time billed to the matter was reasonably incurred and Petitioner has provided supporting documentation for all claimed costs. Motion at 14-19. 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 $16,924.85 (representing $16,141.80 in fees plus $783.05 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Laura Levenberg. 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