VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01241 Package ID: USCOURTS-cofc-1_21-vv-01241 Petitioner: Matthew Dupleasis Filed: 2021-04-19 Decided: 2023-04-17 Vaccine: influenza Vaccination date: 2018-11-06 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 67000 AI-assisted case summary: Matthew Dupleasis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on November 6, 2018. The respondent conceded that Mr. Dupleasis met the criteria for a Table injury, specifically SIRVA, and that his case was timely filed, he received the vaccination in the United States, and he satisfied the statutory severity requirement by suffering residual effects for more than six months. The ruling on entitlement found Mr. Dupleasis entitled to compensation. Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $67,000.00, which Mr. Dupleasis accepted. This amount represents compensation for all damages, including pain and suffering. The court issued a decision awarding Mr. Dupleasis a lump sum payment of $67,000.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01241-0 Date issued/filed: 2023-03-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2023) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01241-UNJ Document 35 Filed 03/24/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1241V UNPUBLISHED MATTHEW DUPLEASIS, Chief Special Master Corcoran Petitioner, Filed: February 22, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Ryan Truesdale, Groth Law Firm, S.C., Wauwatosa, WI, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 19, 2021, Matthew Dupleasis 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 he suffered left arm injuries as a result of an influenza vaccination he received on November 6, 2018. Petition at 1. Petitioner further alleges that his symptoms continued for more than six months. Petition at ¶13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 21, 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 states that “it is Respondent’s position that Petitioner has satisfied the criteria set forth in the Table and the Qualifications and Aids to Interpretation 1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012). Case 1:21-vv-01241-UNJ Document 35 Filed 03/24/23 Page 2 of 2 (“QAI”) for SIRVA.” Id. at 5. Respondent further agrees that “this case was timely filed, that Petitioner received his vaccination in the United States, that Petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of his injury for more than six months after vaccine administration, and that there is no evidence of a factor unrelated that is a more likely cause of Petitioner’s injury.” 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-01241-1 Date issued/filed: 2023-04-17 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/16/2023) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01241-UNJ Document 38 Filed 04/17/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1241V UNPUBLISHED MATTHEW DUPLEASIS, Chief Special Master Corcoran Petitioner, Filed: March 16, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Ryan Truesdale, Growth Law Firm, S.C., Wauwatosa, WI, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 19, 2021, Matthew Dupleasis 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccination he received on November 6, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 22, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his SIRVA. On March 16, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $67,000.00. Proffer at 1-2. In the 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 unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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-01241-UNJ Document 38 Filed 04/17/23 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $67,000.00 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-01241-UNJ Document 38 Filed 04/17/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MATTHEW DUPLEASIS, Petitioner, No. 21-1241V v. Chief Special Master Corcoran SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On April 19, 2021, Matthew Dupleasis (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to –34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza vaccination administered on November 6, 2018. Petition at 6. On February 21, 2023, respondent filed his Vaccine Rule 4(c) report, recommending that compensation be awarded. ECF No. 27. On February 22, 2023, this Court issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 28. I. Items of Compensation Respondent proffers that petitioner should be awarded $67,000.00, consisting entirely of compensation for pain and suffering. This represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:21-vv-01241-UNJ Document 38 Filed 04/17/23 Page 4 of 5 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 $67,000.00, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, Matthew Dupleasis. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Matthew Dupleasis: $67,000.00. Respectfully submitted, BRIAN BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant 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-01241-UNJ Document 38 Filed 04/17/23 Page 5 of 5 s/ Jennifer A. Shah Jennifer A. Shah 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) 305-2181 Jennifer.shah@usdoj.gov Dated: March 16, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01241-cl-extra-10736498 Date issued/filed: 2024-01-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269908 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1241V MATTHEW DUPLEASIS, Chief Special Master Corcoran Petitioner, v. Filed: December 5, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jerome A. Konkel, Samster, Konkel and Safran, Wauwatosa, WI, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On April 19, 2021, Matthew Dupleasis 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 he suffered a shoulder injury related to vaccine administration as a result of an influenza vaccination he received on November 6, 2018. Petition, ECF No. 1. On March 16, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 32. 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 $25,817.87 (representing $24,486.00 in fees plus $1,331.87 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Sept. 22, 2023, ECF No. 39. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. ECF No. 39-1 at 26. Respondent reacted to the motion on Oct. 6, 2023, reporting 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. 40. Petitioner did not file a reply thereafter. 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. 39-1. 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 $25,817.87 (representing $24,486.00 in fees plus $1,331.87 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Jerome A. Konkel. 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