VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01025 Package ID: USCOURTS-cofc-1_21-vv-01025 Petitioner: Dawn Johnson Filed: 2021-03-04 Decided: 2024-06-11 Vaccine: influenza Vaccination date: 2020-10-26 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65500 AI-assisted case summary: Dawn Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on March 4, 2021, alleging injury from an influenza vaccine she received on October 26, 2020. She claimed to have sustained a left shoulder injury related to vaccine administration (SIRVA) and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her injury or current condition. Despite this denial, the parties filed a joint stipulation on June 11, 2024, agreeing to settle the case. Chief Special Master Corcoran adopted the stipulation as the decision awarding damages. The award includes a lump sum of $65,000.00 payable to Ms. Johnson and $500.00 to reimburse a Medicaid lien from the State of North Carolina. This compensation covers all damages available under the Vaccine Act. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01025-0 Date issued/filed: 2024-07-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/12/2024) regarding 47 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01025-UNJ Document 51 Filed 07/22/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1025V DAWN JOHNSON, Chief Special Master Corcoran Petitioner, v. Filed: June 12, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 4, 2021, Dawn Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). On or about October 26, 2020, Petitioner received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a left shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the flu vaccine. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Respondent denies that Petitioner suffered from a left shoulder injury as a result of the flu vaccine, and denies that the flu vaccine caused her any other injury or her current condition. 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 (2012). Case 1:21-vv-01025-UNJ Document 51 Filed 07/22/24 Page 2 of 7 Nevertheless, on June 11, 2024, the parties filed the attached joint stipulation,3 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 $65,000.00 in the form of a check payable to Petitioner. B. A lump sum of $500.00, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of North Carolina, in the form of a check payable jointly to Petitioner and the North Carolina Division of Health Benefits: North Carolina Division of Health Benefits Office of the Controller 2022 Mail Service Center Raleigh, NC 27699-2022 Case Number: 367871 Petitioner agrees to endorse this check to the North Carolina Division of Health Benefits. These amounts represent compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 In attaching the parties’ joint stipulation, I have omitted the last page – a Nintex form that includes personal information regarding Petitioner. 4 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 1:21-vv-01025-UNJ Document 51 Filed 07/22/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAl:\-1S OFFICE OF SPECIAL MASTERS ) DAWN JOHNSON. ) ) Petitioner. ) ) No. 21-1025V ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES. ) ) Respondent. ) __________________ ) STIPULATION The parties hereby stipulate to the following matters: t. Dawn Johnson {''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 allegedl)· related to petitioner's receipt of the influenza ("flu'') vaccine, which is contained in the Vaccine Injury Table (the "Table"). 42 C.F.R. § I00.3(a). 2. Petitioner received the flu vaccine on or about October 26. 2020. 3. The vaccine was administered in the United States. 4. Petitioner alleges that she suffered a left Shoulder Injury Related 10 Vaccine Administration (''SIRVA·•) as a result of receiving the flu vaccine. Petitioner funher alleges that she experienced the residual effects of th.is injury for more than six monchs. 5. Petitioner represents that there has been no prior award or settlement of a ci"il action for damages as a result of her alleged condition. 6. Respondent denies that petitioner suffered from left shoulder injury as a result of the flu vaccine, and denies that the flu vaccine caused her any other injury or her current condition. Case 1:21-vv-01025-UNJ Document 51 Filed 07/22/24 Page 4 of 7 7. Maintaining their above.stated positions. lbe parties nevertheless now agree tha1 the issues between them shall be settled and that a decision should be entered awarding the compcmati(m described in paragraph 8 of this Stipulation. ~. As soon as practicable after an entry of judgment reflecting a decision consistent with the tenus of this Stipulation. and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa..:? l(a)( I). the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of $65.000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under-n U.S.C'. § 300aa.)5(a). B. A lump sum of SS00.00. 1 representing reimbursement of a Medicaid lien for services rendered to petuioner by the State of North Carolina, in the fonn of a check payable jointly to petitioner and the North Carolina Division of Health Benefits: North Carolina Dh·ision of Health Benefits Office of the Controller 2022 Mail Service Center Raleigh. NC 27699.2022 Case Number: 367871 Petitioner agrees to endorse this check to the North Carolina State Division of Health Bendits. These amounts represent compensation for all damages that would be a\'ailable under -t2 U.S C. § 300aa• I 5(a). 9. As soon as practicable after the entry ofj udgment on entitlement io this case. and after petitioner has filed bo1h a proper 3..lld timely election to r\.-cei\'e compensation pursuant to.[! U.S.C. This amount represent,;; full satisfaction of 3..llY right of subrogation. assignment. claim. lien. or cause of action that the State of North Carolina may have against any individual as a result of anv Medicaid payments that the State t.lf North Carolina has made to or on behalf of Dawn Johnson~ a result of her alleged ,·accine•related injury suffered on or about October 26. 2020. under Title XlX of the Social Security Act . .<:l!L' 42 U.S.C. § 300aa• 15(g). (h). 2 Case 1:21-vv-01025-UNJ Document 51 Filed 07/22/24 Page 5 of 7 § \001111 -~ 1(11 )(I). 111111 au 11ppltu11i1111. the pm·lk'I will suhmit 10 ti1r1hcr rrocecdings before the special "'"""'' tu t1\\·11HI ''-'lls111111hll• nllurncys· lcc-!I 1111tl l'O!lt!I incurred in proceeding upon this petition 10. l'l'1ttioncr 1111tl h,·r nlturncy rcpt'C!lent lhttt they have identified to respondent all known 'llllll'\'\'~ of p11ynwnt for items or !lct·vicc:,; for which the Progrnm is not primnrily liable under 42 \I .S.C. § .\001111-15(1,t ), including Stutc compcnsntion programs, insurance pol icics, Federal or State health henctits prol!,rnms (olhcr 1h1111 Title XIX of the Stici11l Security Act (42 U.S.C. § 1396 ct -.cq.)). or entities that 1mwi,tc health services on II prcpuid hnsis. 11. Pnymcnl mmlc pursunnt 10 pnrngraph K of this Stipulution and any umounts awarded pursunnt 10 purngmph 9 will be mnJc in nccordnnec with 42 U.S.C. § 300ua-lS(i), subject to the 11v11ih1bili1y of sutlicicnl :-1tt1tutt1ry tune.ls. 12. The p11rtics und their attorneys further agree und stipulate that. except for any award for nttomcys • tees und litigation costs, und pu:it unrcimburscd expenses, the money provided pursuant to thi:. Stipulation will be used :ioldy for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300ua-l 5(a) and (d). and subject to the conditions of 42 U.S.C. § 300aa l S(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity. and on bchalfofher heirs. executors. administrators. successors. and assigns, does forever i~vocably 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 United States Court of Federal Claims, under the National Vaccine Injury Compensation Program. 42 U.S.C. § ~OOaa-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 3 Case 1:21-vv-01025-UNJ Document 51 Filed 07/22/24 Page 6 of 7 af have resulted from, the nu vaccination administered on or about October 26. 2020. alleged by petitioner in a petition for vaccine compensation filed on or about March 4, 2021. in the ~ited States Cour1 of Federal Claims as petition No. 2 l-l025V. 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 United States Court of Federal Claims fails to enter Judgment in conformity with a decision that is in complete eonfonnity with the terms of this Stipulation, then the par1ie!i • settlement and this Stipulation shall be voidable ar the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated seulement 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 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 I iabil ity 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 flu vaccme caused petitioner's left shoulder injury. any other injury, or her current condi11on. 18. All rights and obligations of petllioncr hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:21-vv-01025-UNJ Document 51 Filed 07/22/24 Page 7 of 7 Respectfully submitted, PETITIONF.R: ~ T O ATTORNEY OF RECORD FOR AUTHORIZED RErRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: -Jd.e.~e~ ~ f-T_., •+ S=Q---. -+-- HEATHER L. PEARLMAN LAW OFFICI! OF LEAH V. DURANT, PLLC Deputy Director 1717 K Street NW, Suite 900 Torts Branch Washington, DC 20006 Civil Division Tel: 202-775-9200 U.S. Department of Justice Email: ldurant@durantllc.com P.O. Box 146 Benjamin Franklin Station Washington. DC 20044-0146 AUTHORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEALT H RESPONDENT: AND HUMAN SERVICES: Jeffrey S Digitally signed by -s• Jeffrey S. Beach -S Beach Date:_2024.~5-~8 ____ 11 :06.38 •04 oo tor CDR GEORGE REED GRIMES, MD. MPH Director, Division of Injury Trial Attorne Compensation Programs Torts Branch n Health Systems Bureau U.S. Oepart Health Resources and Services P.O. Box 146 Administration Ben Fmnklin Station U.S. Department of Health Washington, DC 20044-014(, and Human Services Tel: (202) 451-7479 5600 Fishers Lane, 08W-25A Email: Austin.J.Egan@usdoj.gov Rockville, MD 20857 J Jl )OJ 4 W?e Dated: 1- 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01025-cl-extra-10734711 Date issued/filed: 2024-07-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268121 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1025V DAWN JOHNSON, Chief Special Master Corcoran Petitioner, v. Filed: June 12, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 4, 2021, Dawn Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). On or about October 26, 2020, Petitioner received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a left shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the flu vaccine. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Respondent denies that Petitioner suffered from a left shoulder injury as a result of the flu vaccine, and denies that the flu vaccine caused her any other injury or her current condition. 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 (2012). Nevertheless, on June 11, 2024, the parties filed the attached joint stipulation,3 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 $65,000.00 in the form of a check payable to Petitioner. B. A lump sum of $500.00, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of North Carolina, in the form of a check payable jointly to Petitioner and the North Carolina Division of Health Benefits: North Carolina Division of Health Benefits Office of the Controller 2022 Mail Service Center Raleigh, NC 27699-2022 Case Number: 367871 Petitioner agrees to endorse this check to the North Carolina Division of Health Benefits. These amounts represent compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 In attaching the parties’ joint stipulation, I have omitted the last page – a Nintex form that includes personal information regarding Petitioner. 4 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 IN THE UNITED STATES COURT OF FEDERAL CLAl:\-1S OFFICE OF SPECIAL MASTERS ) DAWN JOHNSON. ) ) Petitioner. ) ) No. 21-1025V ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES. ) ) Respondent. ) __________________) STIPULATION The parties hereby stipulate to the following matters: t . Dawn Johnson {''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 allegedl)· related to petitioner's receipt of the influenza ("flu'') vaccine, which is contained in the Vaccine Injury Table (the "Table"). 42 C.F.R. § I00.3(a). 2. Petitioner received the flu vaccine on or about October 26. 2020. 3. The vaccine was administered in the United States. 4. Petitioner alleges that she suffered a left Shoulder Injury Related 10 Vaccine Administration (''SIRVA·•) as a result of receiving the flu vaccine. Petitioner funher alleges that she experienced the residual effects of th.is injury for more than six monchs. 5. Petitioner represents that there has been no prior award or settlement of a ci"il action for damages as a result of her alleged condition. 6. Respondent denies that petitioner suffered from left shoulder injury as a result of the flu vaccine, and denies that the flu vaccine caused her any other injury or her current condition. 7. Maintaining their above.stated positions. lbe parties nevertheless now agree tha1 the issues between them shall be settled and that a decision should be entered awarding the compcmati(m described in paragraph 8 of this Stipulation. ~. As soon as practicable after an entry of judgment reflecting a decision consistent with the tenus of this Stipulation. and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa..:? l(a)( I). the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of $65.000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under-n U.S.C'. § 300aa.)5(a). B. A lump sum of SS00.00. 1 representing reimbursement of a Medicaid lien for services rendered to petuioner by the State of North Carolina, in the fonn of a check payable jointly to petitioner and the North Carolina Division of Health Benefits: North Carolina Dh·ision of Health Benefits Office of the Controller 2022 Mail Service Center Raleigh. NC 27699.2022 Case Number: 367871 Petitioner agrees to endorse this check to the North Carolina State Division of Health Bendits. These amounts represent compensation for all damages that would be a\'ailable under -t2 U.S C. § 300aa• I 5(a). 9. As soon as practicable after the entry ofjudgment on entitlement io this case. and after petitioner has filed bo1h a proper 3..lld timely election to r\.-cei\'e compensation pursuant to.[! U.S.C. This amount represent,;; full satisfaction of 3..llY right of subrogation. assignment. claim. lien. or cause of action that the State of North Carolina may have against any individual as a result of anv Medicaid payments that the State t.lf North Carolina has made to or on behalf of Dawn Johnson~ a result of her alleged ,·accine•related injury suffered on or about October 26. 2020. under Title XlX of the Social Security Act. .<:l!L' 42 U.S.C. § 300aa• 15(g). (h). 2 § \001111 -~ 1(11 )(I). 111111 au 11ppltu11i1111. the pm·lk'I will suhmit 10 ti1r1hcr rrocecdings before the special "'"""'' tu t1\\·11HI ''-'lls111111hll• nllurncys· lcc-!I 1111tl l'O!lt!I incurred in proceeding upon this petition 10. l'l'1ttioncr 1111tl h,·r nlturncy rcpt'C!lent lhttt they have identified to respondent all known 'llllll'\'\'~ of p11ynwnt for items or !lct·vicc:,; for which the Progrnm is not primnrily liable under 42 \I .S.C. § .\001111- 15(1,t), including Stutc compcnsntion programs, insurance pol icics, Federal or State health henctits prol!,rnms (olhcr 1h1111 Title XIX of the Stici11l Security Act (42 U.S.C. § 1396 ct -.cq.)). or entities that 1mwi,tc health services on II prcpuid hnsis. 11 . Pnymcnl mmlc pursunnt 10 pnrngraph K of this Stipulution and any umounts awarded pursunnt 10 purngmph 9 will be mnJc in nccordnnec with 42 U.S.C. § 300ua-lS(i), subject to the 11v11ih1bili1y of sutlicicnl :-1tt1tutt1ry tune.ls. 12. The p11rtics und their attorneys further agree und stipulate that. except for any award for nttomcys • tees und litigation costs, und pu:it unrcimburscd expenses, the money provided pursuant to thi:. Stipulation will be used :ioldy for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300ua-l 5(a) and (d). and subject to the conditions of 42 U.S.C. § 300aa- l S(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity. and on bchalfofher heirs. executors. administrators. successors. and assigns, does forever i~vocably 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 United States Court of Federal Claims, under the National Vaccine Injury Compensation Program. 42 U.S.C. § ~OOaa-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 3 have resulted from, the nu vaccination administered on or about October 26. 2020. af alleged by petitioner in a petition for vaccine compensation filed on or about March 4, 2021. in the ~ited States Cour1 of Federal Claims as petition No. 2 l - l025V. 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 United States Court of Federal Claims fails to enter Judgment in conformity with a decision that is in complete eonfonnity with the terms of this Stipulation, then the par1ie!i • settlement and this Stipulation shall be voidable ar the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated seulement 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 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 Iiabil ity 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 flu vaccme caused petitioner's left shoulder injury. any other injury, or her current condi11on. 18. All rights and obligations of petllioncr hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Respectfully submitted, PETITIONF.R: ~ T O ATTORNEY OF RECORD FOR AUTHORIZED RErRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ f-T_, . •+S=-- Q-. -+-- -HEATHER J dL. PEARLMAN .e.~e~ LAW OFFICI! OF LEAH V. DURANT, PLLC Deputy Director 1717 K Street NW, Suite 900 Torts Branch Washington, DC 20006 Civil Division Tel: 202-775-9200 U.S. Department of Justice Email: ldurant@durantllc.com P.O. Box 146 Benjamin Franklin Station Washington. DC 20044-0146 AUTHORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S• Jeffrey Digitally signed by S. Beach -S Beach -s Date:_2024.~5-~8 ____ 11 :06.38 •04 oo tor CDR GEORGE REED GRIMES, MD. MPH Director, Division of Injury Trial Attorne Compensation Programs Torts Branch n Health Systems Bureau U.S. Oepart Health Resources and Services P.O. Box 146 Administration Ben Fmnklin Station U.S. Department of Health Washington, DC 20044-014(, and Human Services Tel: (202) 451 -7479 5600 Fishers Lane, 08W-25A Email : Austin.J.Egan@usdoj.gov Rockville, MD 20857 Dated: J W?e Jl )OJ 4 1- 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01025-cl-extra-10829202 Date issued/filed: 2025-03-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10362614 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1025V DAWN JOHNSON, Chief Special Master Corcoran Petitioner, v. Filed: February 19, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On March 4, 2021, Dawn Johnson 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 sustained a left shoulder injury related to vaccine administration as a result of receiving the flu vaccine. Petition, ECF No. 1. On June 12, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 47. 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 $31,090.49 (representing $30,131.10 in fees plus $959.39 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed October 28, 2024. ECF No. 52. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. Id. at 2. Respondent reacted to the Motion on November 13, 2024, 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. 53. Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 54. I have reviewed the billing records submitted with Petitioner’s request and find a reduction in the amount of fees to be awarded appropriate, for the reasons stated below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private 2 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES A. Hourly Rates The hourly rates requested by attorneys Leah Durant, Christopher Williams, and their associated paralegals are reasonable and consistent with our prior determinations and will therefore be adopted herein. However, the hourly rate requested for Mr. Mateo Forero, requires further evaluation. Petitioner is requesting that I endorse the hourly rate of $385 for 2024 work performed by Mr. Forero. However, Petitioner did not file an affidavit or any other supporting information to substantiate the proposed hourly rate. Accordingly, I do not endorse the approval of an hourly rate for him at this time. It is incumbent upon Petitioner’s counsel to submit an affidavit in the future to support such requests, including pertinent information such as bar admission dates so the Court can make a proper determination thereto. Accordingly, all time billed by Mr. Forero will be compensated at a non-attorney rate of $190 per hour. This results in a reduction of fees in the amount of $58.50. 3 (In future cases, I will be prepared to award a higher rate once the required substantiation is provided). B. Billing Reductions However, a few of the tasks performed by attorneys in this matter are more properly billed using a paralegal rate. 4 “Tasks that can be completed by a paralegal or a legal assistant should not be billed at an attorney’s rate.” Riggins v. Sec’y of Health & Hum. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009). “[T]he rate at which such work is compensated turns not on who ultimately performed the task but instead turns on the nature of the task performed.” Doe/11 v. Sec’y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425, at *9 (Fed. Cl. Spec. Mstr. Jan. 29, 2010). 3 This amount is calculated as: ($385 - $190 = $195 x 0.30 hrs.) = $58.50. 4 Entries considered paralegal in nature include drafting and filing basic documents such as an exhibit list, PAR Questionnaire, notice of f iling exhibit list, statement of completion, cover sheet, joint notices not to seek review, and f iling medical records. See billing entries dated: 1/7/22 (three entries); 6/12/24; 6/14/24. ECF No. 52-1. 3 Although these billing entries are reasonable, they must be charged at a reduced rate comparable to that of a paralegal. Application of the foregoing reduces the amount of fees to be awarded by $312.40. 5 Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 52-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. CONCLUSION The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT in part, Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $30,719.59 (representing $29,760.20 in fees plus $959.39 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. 6 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 This amount consists of ($341 - $177 = $164 x 1.20 hrs.) + ($486 - $197 = $289 x 0.40 hrs.) = $312.40. 6 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. 4