VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01215 Package ID: USCOURTS-cofc-1_21-vv-01215 Petitioner: Ashley Baldwin Filed: 2021-04-15 Decided: 2023-09-13 Vaccine: influenza Vaccination date: 2020-11-24 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 67170 AI-assisted case summary: Ashley Baldwin filed a petition for compensation under the National Vaccine Injury Compensation Program on April 15, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 24, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 23, 2023, conceding that the petitioner was entitled to compensation and that her injury met the criteria for SIRVA on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 26, 2023, finding Ms. Baldwin entitled to compensation. Subsequently, on August 11, 2023, the respondent filed a proffer on the award of compensation, which the petitioner agreed to. On September 13, 2023, Chief Special Master Corcoran issued a Decision on Damages, awarding Ms. Baldwin a lump sum payment of $67,170.05. This award comprised $65,000.00 for pain and suffering and $2,170.05 for past unreimbursable expenses. The decision was finalized on September 13, 2023. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Lauren Kells of the U.S. Department of Justice. Theory of causation field: Petitioner Ashley Baldwin alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on November 24, 2020. The respondent conceded that the injury met the criteria for SIRVA as listed on the Vaccine Injury Table. The case proceeded to an award of compensation based on this concession. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 26, 2023, finding petitioner entitled to compensation. A subsequent Decision on Damages on September 13, 2023, awarded a total of $67,170.05, consisting of $65,000.00 for pain and suffering and $2,170.05 for past unreimbursable expenses. The specific medical mechanism, onset, symptoms, diagnostic tests, treatments, or expert testimony were not detailed in the provided public text, as the case was resolved via concession on Table criteria. Petitioner was represented by John Robert Howie, and respondent by Lauren Kells. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01215-0 Date issued/filed: 2023-07-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/26/2023) regarding 42 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01215-UNJ Document 43 Filed 07/27/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1215V ASHLEY BALDWIN, Chief Special Master Corcoran Petitioner, v. Filed: June 26, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 15, 2021, Ashley Baldwin 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”) following receipt of an influenza (“flu”) vaccine on November 24, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 23, 2023, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner has satisfied the criteria set forth in the Table for SIRVA. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), 100.3(c)(10)). Respondent further 1 Because this unpublished Ruling 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 Ruling 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-01215-UNJ Document 43 Filed 07/27/23 Page 2 of 2 agrees that Petitioner has satisfied all legal requisites for compensation under the Vaccine Act. Id. at 5-6. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01215-1 Date issued/filed: 2023-09-13 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/14/2023) regarding 45 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01215-UNJ Document 52 Filed 09/13/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1215V ASHLEY BALDWIN, Chief Special Master Corcoran Petitioner, v. Filed: August 14, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On April 15, 2021, Ashley Baldwin 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”) following receipt of an influenza (“flu”) vaccine on November 24, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 26, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 11, 2023, Respondent filed a proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. 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-01215-UNJ Document 52 Filed 09/13/23 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $67,170.05 (representing $65,000.00 for pain and suffering, and $2,170.05 for past unreimbursable expenses) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). 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-01215-UNJ Document 52 Filed 09/13/23 Page 3 of 5 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ASHLEY BALDWIN, ) ) Petitioner, ) ) No. 21-1215V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On April 15, 2021, Ashley Baldwin (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine she received on November 24, 2020. Petition at 1; ECF No. 10 at 1 (Amended Petition). On June 23, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on June 26, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 41; ECF No. 42. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-01215-UNJ Document 52 Filed 09/13/23 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,170.05. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $67,170.05, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Ashley Baldwin: $67,170.05 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:21-vv-01215-UNJ Document 52 Filed 09/13/23 Page 5 of 5 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Lauren Kells LAUREN KELLS Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4187 lauren.kells@usdoj.gov DATED: August 11, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01215-cl-extra-10737058 Date issued/filed: 2023-11-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270468 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1215V ASHLEY BALDWIN, Chief Special Master Corcoran Petitioner, v. Filed: October 10, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On April 15, 2021, Ashley Baldwin 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 following receipt of an influenza vaccine on November 24, 2020. Petition, ECF No. 1. On August 14, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 45. 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 $26,083.98 (representing $25,033.30 in attorney’s fees and $1,050.68 in attorney’s costs). Petitioner’s Application for Attorney’s Fees and Costs (“Motion”) filed Aug. 15, 2023, ECF No. 49. In accordance with General Order No. 9, Petitioner filed a signed statement indicating that Petitioner incurred no out-of-pocket expenses. ECF No. 49-4. Respondent reacted to the motion on Aug. 29, 2023, indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 50. On Aug. 29, 2023, Petitioner indicated that she does not intend to file a substantive reply to Respondent’s response. ECF No. 51. 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. 49-3. 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 $26,083.98 (representing $25,033.30 in attorney’s fees and $1,050.68 in attorney’s costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, John R. Howie, 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