VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01054 Package ID: USCOURTS-cofc-1_21-vv-01054 Petitioner: Vanessa Baker Filed: 2021-03-11 Decided: 2023-11-06 Vaccine: influenza Vaccination date: 2018-10-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 36657 AI-assisted case summary: Vanessa Baker filed a petition for compensation under the National Vaccine Injury Compensation Program on March 11, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on October 27, 2018. The respondent, the Secretary of Health and Human Services, denied that Ms. Baker sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on October 3, 2023, agreeing to settle the case and award compensation. The court adopted the stipulation as its decision. Ms. Baker was awarded a lump sum of $35,000.00 payable to her, and an additional $1,657.41 to satisfy a Washington State Medicaid lien, payable jointly to Ms. Baker and the Washington State Health Care Authority. These amounts represent compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01054-0 Date issued/filed: 2023-11-06 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 10/03/2023) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. (Main Document 31 replaced on 11/7/2023 to attach corrected PDF) (ypb). -------------------------------------------------------------------------------- Case 1:21-vv-01054-UNJ Document 31 Filed 11/06/23 Page 1 of 9 In tbe fflntteb $tateg QI:ourt of jfe beral QI:Iatmg OFFICE OF SPECIAL MASTERS No. 21-1054V VANESSA BAKER, Chief Special Master Corcoran Petitioner, Filed: October 3, 2023 V. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 11, 2021, Vanessa Baker 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) resulting from an influenza (flu) vaccination received on October 27, 2018. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, her SIRVA persisted for more than six months, and neither she, nor any other party, has ever filed any action for Petitioner's vaccine-related injury. Petition at 1-3; Stipulation at 1f1f 3-5. "Respondent denies Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury." Stipulation at 1f 6. 1 Because this Decision contains a reasoned explanciion for the action tale to anyone with access to the internet. In accordance with Vaccine Rue 18(b ), Pet~ioner has 14 days to identify and move to redact medical or other information, the disclosure of wnch v.ould constitute an unwarranted invasion of privacy. J, upon review, I agree that the identified material f~s within this definition, I will redact such material from public access. 2 National Child rood Vaccine Injury Act of 1986, Pl.b. L l\b. 99-660, 100 Stci. 3755. Hereinafter, for ease of c~ation, all "§" references to the Vaccine Act will be to the pertinert sl.bparagr~h of 42 U.S.C. § 300aa (2012). Case 1:21-vv-01054-UNJ Document 31 Filed 11/06/23 Page 2 of 9 Nevertheless, on October 3, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: 1. A lump sum of $35,000.00 in the form of a check payable to Petitioner. 2. A lump sum payment of $1,657.41, representing compensation for satisfaction of a State of Washington Medicaid lien, payable jointly to Petitioner and the Washington State Health Care Authority, and mailed to: HCA Casualty Unit Health Care Authority P.O. Box. 45561 Olympia, WA 98504-5561 Casualty File# 237372 These amounts represent 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 1:21-vv-01054-UNJ Document 31 Filed 11/06/23 Page 3 of 9 Vinesign Document ID: C3AC1A 11-0CE5-49C6-A9ED-74C795AAA 19F IN 1HE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS VANESSA BAKER, Petitioner, No. 21-1054V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. SJIPJJIAIIQN The parties hereby stipulate to the following matters: 1. Vanessa Baker ("petitioner") filed a petition for vaccine compensation under the National Vaccine lnjllly Compensation Program, 42 U.S.C. § 300aa-IO to 34 (the "Vaccine Program"). The petition seeks compensation for injmies allegedly related to petitioner's receipt of the influenza. ("flu") vaccine, which vaccine is contained in the Vaccine Injmy Table (the "Table"), 42 C.F.R. § I00.3(a) 2. Petitioner received a flu vaccine on October 27, 2018. 3. The flu vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injlllyrelated to vaccine administration ("SIRVA") following receipt oft he flu vaccine within the time period set forth in the Table. She fmther alleges that she experienced the residual effects of this condition for more than six months. 5. Petitionerrepresentsthattherehas been no prior award or settlement ofa civil action for damages on her behalf as a result of her alleged injmy. The signed document can be validated athttps://app.vinesign.comNerify Case 1:21-vv-01054-UNJ Document 31 Filed 11/06/23 Page 4 of 9 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 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of $35,000.00 in the form of a check payable to petitioner. B. A lump sum of $1,657.411 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Washington in the form of a check payable jointly to petitioner and the Washington State Health Care Authority: HCA Casualty Unit Health Care Authority P.O. Box. 45561 Olympia, WA 98504-5561 Casualty File# 237372 C. Petitioner agrees to endorse this check to the HCA Casualty Unit. 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 Washington may have against any individual as a result of any Medicaid payments the Washington State Health Care Authority has made to or on behalf of Vanessa Baker as a result of her alleged vaccine-related injury suffered on or about October 27, 2018, under Title XIX of the Social Security Act, 42 U.S.C. § 300aa-15(g), (h). 2 Case 1:21-vv-01054-UNJ Document 31 Filed 11/06/23 Page 5 of 9 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)()), and an application, the parties will submit to further proceedings before the special master toaward reasonable attorneys' fees and costs incurred in proceeding upon this petition. I0. 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-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i}, subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions 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 3 Case 1:21-vv-01054-UNJ Document 31 Filed 11/06/23 Page 6 of 9 (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 ofFederaJ Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO 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 flu vaccination administered on October 27, 2018, as alleged in a petition for vaccine compensation filed on or about March 11, 2021, in the United States Court of Federal Claims as petition No. 21-1054V. 14. If petitioner should die prior toentry 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 tenns 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 1:21-vv-01054-UNJ Document 31 Filed 11/06/23 Page 7 of 9 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the flu vaccine caused any other injury; or that her current condition is a sequelae of a vaccine related injury. 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 1:21-vv-01054-UNJ Document 31 Filed 11/06/23 Page 8 of 9 Respectfully submitted, PETITIONER: VANESSA BAKER ATTORNEY OF RECORD FOR AUTIIORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: j,41· - , 4d - I cM - i - U 1,A/ll'- HEATHER L. PEARLMAN Deputy Director Muller Brazil, LLP Torts Branch 715 Twining Road, Suite 208 Civil Division Dresher, PA 19025 U.S. Department of Justice (215) 885-1655 P.O. Box 146 Email: leigh@mullerbrazil.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALm RESPONDENT: AND HUMAN SERVICES: Henry P. :: ;-cibyHen,yP by Mcmillan -SS 02J092111:4 so CDR GEORGE REED GRJMES, MD, MPH ZO£R. WADE 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 (202) 616-4118 Rockville, MD 20857 Email: zoe.wade@usdoj.gov Dated: 6 Vineslgn Verification Complete I h document h,1'-) bf:!'en offic1 1llyve1,fied Document Stlltus Signed & Verlfled Document Name Stipulation•V.1nessa Baker S1,11lff Name Muller Brazil Docum1111t Key C3AC1A11-0CE>49C6-A9E0-74C795AAA19F IIKlplfflt 1 IP Address Signature Vanessa Baker 174209ln209 teltachuwhet@gmailcom (254) 253-9904 Order 1 Document History Anlvlly Oate•Tlme AnMtyOetalls 09/29/202317:35UTC Vanessa Baker Signed by Vanessa Baker ((254) 253-9904) MadcchllnBlack WMRS8rDiqkl.nGdy1ITl2QoHXfuSb60koOUUhc0LMM- Document Completed DoCllfflltllt HIil @!@MID 39f83A89478f248BM31208O5BA7ES8250C7AF12A810FE9024n85990F2%C7 Tlmntamp 09/29/2023 17:35UTC 09/29/202317:31 UTC Vanessa Baker Viewed by Vanessa Baker ((254)253-9904) Document Vlewed 09/29/202317:30UTC Vanessa Baker Viewedby Vanessa Baker ((254) 253-9904) Document Viewed 09/29/202317:30UTC Vanessa Baker Sent out via email to Vanessa Baker (teltachuwhet@gmailcom) Document Sent 09/29/202317:30 UTC Vanessa Baker Sent out vta text to Vanessa Baker ((254) 253-9904) Document Sent I 09/29/202317:30UTC Createdby Muller Brazil(medlcalrecords@myvacclnelawyercom) Document Created I r r Case 1:21-vv-01054-UNJ Document 31 Filed 11/06/23 Page 9 of 9 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01054-cl-extra-10735746 Date issued/filed: 2024-04-05 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269156 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1054V VANESSA BAKER, Chief Special Master Corcoran Petitioner, v. Filed: March 4, 2024 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On March 11, 2021, Vanessa Baker 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) resulting from an influenza (flu) vaccination received on October 27, 2018. Petition at 1. On October 3, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 27. 1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $22,696.91 (representing $19,788.40 in fees plus $2,908.51 in costs). Petitioner’s Final Motion for Attorney Fees and Cost (“Motion”) filed Dec. 7, 2023, ECF No. 32. In accordance with General Order No. 9, counsel for Petitioner states that Petitioner did not personally incur any out-of-pocket expenses in pursuit of this claim. Motion at 2. Respondent did not file a response to Petitioner’s motion. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. Motion, at 17 - 31. Respondent offered no specific objection to the rates or amounts sought. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $22,696.91 (representing $19,788.40 in fees plus $2,908.51 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Leigh Finfer. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2