VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01206 Package ID: USCOURTS-cofc-1_21-vv-01206 Petitioner: Carol Jenkins Filed: 2021-04-14 Decided: 2025-02-27 Vaccine: influenza Vaccination date: Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: On April 14, 2021, Carol Jenkins filed a petition under the National Vaccine Injury Compensation Program alleging that a influenza vaccination caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied that the petitioner sustained the alleged Table injury, denied vaccine causation, and denied that the current condition was a sequela of a vaccine-related injury. The public stipulation materials do not describe the first symptom, onset interval, medical examinations, diagnostic testing, treatment course, or day-to-day limitations. The public decision identifies the vaccine type but does not state the exact vaccination date. The parties resolved the case by joint stipulation. On February 27, 2025, Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $20,000.00 through counsel's IOLTA account as compensation for all damages available under the Vaccine Act. Theory of causation field: Adult petitioner; influenza vaccine, exact administration date not stated in public merits text; alleged SIRVA. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae. Public text lacks clinical chronology. Award $20,000.00 through counsel IOLTA. SM Corcoran February 27, 2025. Petition filed April 14, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01206-0 Date issued/filed: 2025-04-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/27/2025) regarding 44 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01206-UNJ Document 49 Filed 04/04/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1206V CAROL JENKINS, Chief Special Master Corcoran Petitioner, Filed: February 27, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 14, 2021, Carol Jenkins 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine. Petition at 1. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition, alleged as vaccine caused. Id. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused 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 1:21-vv-01206-UNJ Document 49 Filed 04/04/25 Page 2 of 7 [P]etitioner’s alleged SIRVA, or any other injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation ¶ 6, ECF No. 43. Nevertheless, on February 27, 2025, 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: A lump sum of $20,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation ¶ 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 1:21-vv-01206-UNJ Document 49 Filed 04/04/25 Page 3 of 7 Case 1:21-vv-01206-UNJ Document 49 Filed 04/04/25 Page 4 of 7 Case 1:21-vv-01206-UNJ Document 49 Filed 04/04/25 Page 5 of 7 Case 1:21-vv-01206-UNJ Document 49 Filed 04/04/25 Page 6 of 7 Case 1:21-vv-01206-UNJ Document 49 Filed 04/04/25 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01206-cl-extra-11135846 Date issued/filed: 2025-09-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10669259 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1206V CAROL JENKINS, Chief Special Master Corcoran Petitioner, v. Filed: July 31, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS1 On April 14, 2021, Carol Jenkins 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, a defined Table injury, after receiving an influenza vaccine. Petition at 1. On February 27, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ joint stipulation. ECF No. 44. 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $33,520.53 (representing $31,700.00 in fees plus $1,820.53 in costs). Motion for Attorney’s Fees, filed on May 5, 2025. ECF No. 50. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. Id. at 2. Respondent reacted to the motion on May 19, 2025, reporting that he is satisfied 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, 4, ECF No. 52. Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 53. I have reviewed the billing records submitted with Petitioner’s requests and find a reduction in the amount of fees to be awarded appropriate, for the reasons set forth 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 The hourly rates requested by attorneys Leah Durant, Christopher Williams, Mateo Forero and their supporting paralegals through the end of 2024, are reasonable and consistent with our prior determinations and will therefore be adopted. However, the rate of $550.00 for 2025 time billed by Ms. Durant require further evaluation and adjustment. Attorney Durant was previously awarded the lesser rates of $530.00 for work performed in 2025. See Jackman v. Sec’y of Health & Hum. Servs., No. 23-1749, Slip Op. 36 (Fed. Cl. Spec. Mstr. June 24, 2025). I find no reason to deviate from such reasoned determination and it otherwise is not the practice of OSM to adjust prior rate determinations upward in later cases. See Jefferson v. Sec’y of Health & Hum. Servs., No. 19-1882V, 2023 WL 387051 (Fed. Cl. Spec. Mstr. Jan. 9, 2023). Accordingly, I hereby reduce Ms. Durant’s rate for work performed in 2025 to be consistent with the aforementioned decision. Application of the foregoing reduces the amount of fees to be awarded by $92.00.3 ATTORNEY’S COSTS Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 27-2. 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. I award a total of $33,428.53 (representing $31,608.00 in fees plus $1,820.53 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a 3 This amount consists of a reduction to Leah Durant’s 2025 hourly rate and is calculated as follows: ($550.00 - $530.00 = $20.00 x 4.60 hours billed) = $92.00 in fees to be reduced. 3 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 4