VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01139 Package ID: USCOURTS-cofc-1_21-vv-01139 Petitioner: Barbara McNair Buchanan Filed: 2021-03-31 Decided: 2024-08-06 Vaccine: influenza Vaccination date: 2020-10-06 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20883 AI-assisted case summary: Barbara McNair Buchanan filed a petition for compensation under the National Vaccine Injury Compensation Program on March 31, 2021, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on or about October 6, 2020. She claimed the injury resulted in residual effects lasting more than six months. Respondent denied that the flu vaccine caused her injury or current condition. Despite these differing positions, the parties filed a joint stipulation on June 27, 2024, agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision. Ms. Buchanan was awarded a total of $20,883.41, consisting of a $19,000.00 lump sum payment to her and $1,883.41 to reimburse a Medicaid lien payable jointly to her and Equian. This award covers all damages available under the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation releases the United States and the Secretary of Health and Human Services from all claims related to the alleged injury from the flu vaccination. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01139-0 Date issued/filed: 2024-08-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/01/2024 ) regarding 49 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01139-UNJ Document 56 Filed 08/06/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1139V BARBARA MCNAIR BUCHANAN, Chief Special Master Corcoran Petitioner, Filed: July 1, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA, for Petitioner. Austin J. Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 31, 2021, Barbara McNair Buchanan 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 left shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on or about October 6, 2020. Petition at 1; Stipulation, filed at June 27, 2024, ¶¶ 2-4. Petitioner further alleges she experienced the residual effects of this injury for more than six months and that there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Stipulation at ¶¶ 4-5. “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. ” Stipulation at ¶ 6. 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. 2National 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 1:21-vv-01139-UNJ Document 56 Filed 08/06/24 Page 2 of 7 Nevertheless, on June 27, 2024, 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 $19,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8; and 2) A lump sum of $1,883.41, representing reimbursement of a Medicaid lien for services rendered to Petitioner in the form of a check payable jointly to Petitioner and Equian. Petitioner agrees to endorse this check to Equian. Id. 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-01139-UNJ Document 56 Filed 08/06/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) BARBARA MCNAIR BUCHANAN, ) ) Petitioner, ) ) No. 21-l 139V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) ______Re_spo_nde_nt. _______ ) ) STIPULATION The parties hereby stipulate to the following matters: 1. Barbara McNair Buchanan ("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 the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 10 0J(a). 2. Petitioner received the flu vaccine on or about October 6, 2020. 3. The vaccine was administered in the United States. 4. Petitioner alleges that she suffered 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. 5. Petitioner represents that there has been no prior award or settlement of a civil 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-01139-UNJ Document 56 Filed 08/06/24 Page 4 of 7 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)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of$19,000.00 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). B. A lump sum of$1,883.41,1 representing reimbursement of a Medicaid lien for services rendered to petitioner in the form of a check payable jointly to petitioner and Equian: Equian Event Number: 79305412 PO Box 182643 Columbus, OH 43218 Attn: Amanda Bates Petitioner agrees to endorse this check to Equian. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 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-2 l(a)(I), and an application, the parties will submit to further proceedings 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of Illinois may have against any individual as a result of any Medicaid payments that the State of Illinois has made to or on behalf of Barbara McNair Buchanan as a result of her alleged vaccine-related injury suffered on or about October 6, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 Case 1:21-vv-01139-UNJ Document 56 Filed 08/06/24 Page 5 of 7 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-l 5(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 prepaid basis. 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-l 5(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 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-l S(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, and 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 United States 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 3 Case 1:21-vv-01139-UNJ Document 56 Filed 08/06/24 Page 6 of 7 petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about October 6, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about March 31, 2021, in the United States Court of Federal Claims as petition No. 21-1 l 39V. 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 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 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 flu vaccine caused petitioner's left shoulder injury, 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 4 Case 1:21-vv-01139-UNJ Document 56 Filed 08/06/24 Page 7 of 7 Respectfully submitted, PETITIONER: -~/J//~i;_~ ~ BARBARA MCNAIR BUCHANAN ATTORNEY OF RECORD FOR AlITHORIZED JU:PRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: GLENH. STURTEVANT, JR. RAWLS LAW GROUP Deputy Director 211 Rocketts Way, Suite 100 Torts Branch Richmond, VA 23231 Civil Division Tel: (804) 622~0675 U.S. Department of Justice Email: gsrurtevant@l'awlslawgroup.com P.O. Box 146 Beajamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEAL TR RESPONDENT: AND HUMAN S:ER'\-1CES: , Jeffrey S Digitally signed by • . Jeffreys. Beach -S ;' Beach S ba~e:2024.06.13 ~ . • 13:45:20 -04'00' • for CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Ben Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services Tel; (202) 451-7479 5600 Fishers Lane, 08W-25A Email: Austin.J.Egan@usdoj.gov Rockville, MD 20857 ,tO.tLf Dated: 0uac? }7. I 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01139-cl-extra-10734598 Date issued/filed: 2024-08-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268008 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1139V BARBARA MCNAIR BUCHANAN, Chief Special Master Corcoran Petitioner, Filed: July 1, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA, for Petitioner. Austin J. Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 31, 2021, Barbara McNair Buchanan 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 left shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on or about October 6, 2020. Petition at 1; Stipulation, filed at June 27, 2024, ¶¶ 2-4. Petitioner further alleges she experienced the residual effects of this injury for more than six months and that there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Stipulation at ¶¶ 4-5. “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. ” Stipulation at ¶ 6. 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). Nevertheless, on June 27, 2024, 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 $19,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8; and 2) A lump sum of $1,883.41, representing reimbursement of a Medicaid lien for services rendered to Petitioner in the form of a check payable jointly to Petitioner and Equian. Petitioner agrees to endorse this check to Equian. Id. 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) BARBARA MCNAIR BUCHANAN, ) ) Petitioner, ) ) No. 21-l 139V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ________________ ) STIPULATION The parties hereby stipulate to the following matters: 1. Barbara McNair Buchanan ("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 the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100J(a). 2. Petitioner received the flu vaccine on or about October 6, 2020. 3. The vaccine was administered in the United States. 4. Petitioner alleges that she suffered 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. 5. Petitioner represents that there has been no prior award or settlement of a civil 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, 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)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of$19,000.00 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). B. A lump sum of$1,883.41,1 representing reimbursement of a Medicaid lien for services rendered to petitioner in the form of a check payable jointly to petitioner and Equian: Equian Event Number: 79305412 PO Box 182643 Columbus, OH 43218 Attn: Amanda Bates Petitioner agrees to endorse this check to Equian. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 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-2 l(a)(I), and an application, the parties will submit to further proceedings 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of Illinois may have against any individual as a result of any Medicaid payments that the State of Illinois has made to or on behalf of Barbara McNair Buchanan as a result of her alleged vaccine-related injury suffered on or about October 6, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 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-l 5(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 prepaid basis. 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-l 5(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 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-l S(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, and 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 United States 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 3 petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about October 6, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about March 31, 2021, in the United States Court of Federal Claims as petition No. 21-1 l 39V. 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 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 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 flu vaccine caused petitioner's left shoulder injury, 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 4 Respectfully submitted, PETITIONER: -~ /J//~i;_~ ~ BARBARA MCNAIR BUCHANAN ATTORNEY OF RECORD FOR AlITHORIZED JU:PRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: GLENH. STURTEVANT, JR. RAWLS LAW GROUP Deputy Director 211 Rocketts Way, Suite 100 Torts Branch Richmond, VA 23231 Civil Division Tel: (804) 622~0675 U.S. Department of Justice Email: gsrurtevant@l'awlslawgroup.com P.O. Box 146 Beajamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEALTR RESPONDENT: AND HUMAN S:ER'\-1CES: , Digitally signed by Jeffrey S• . Jeffreys. Beach -S Beach S;' ba~e:2024.06.13 ~ . • 13:45:20 -04'00' • for CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Ben Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services Tel; (202) 451-7479 5600 Fishers Lane, 08W-25A Email: Austin.J.Egan@usdoj.gov Rockville, MD 20857 Dated: 0uac? }7. ,tO.tLf I 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01139-cl-extra-10763019 Date issued/filed: 2024-12-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10296431 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1139V BARBARA MCNAIR BUCHANAN, Chief Special Master Corcoran Petitioner, v. Filed: November 15, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA, for Petitioner. Austin J. Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On March 31, 2021, Barbara McNair Buchanan 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 left shoulder injury related to vaccine administration after receiving an influenza vaccination on or about October 6, 2020. Petition, ECF No. 1. On July 1, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 49. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other inf ormation, the disclosure of which would constitute an unwarranted invasion of privacy. If , upon review, I agree that the identified material fits within this definition, I will redact such material f rom public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $22,220.97 (representing $21,100.70 in fees plus $1,120.27 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed July 9, 2024, ECF No. 53. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 53-3. Respondent reacted to the motion on July 15, 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. 54. Thereafter, Petitioner indicated that she does not intent to file a substantive reply to Respondent’s response. ECF No. 55. 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. ECF No. 53-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. 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 $22,220.97 (representing $21,100.70 in fees plus $1,120.27 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Glen H. Sturtevant, Jr. 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