VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01250 Package ID: USCOURTS-cofc-1_21-vv-01250 Petitioner: Joseph Savino Filed: 2021-04-19 Decided: 2023-09-12 Vaccine: influenza Vaccination date: 2020-10-08 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 5000 AI-assisted case summary: Joseph Savino filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on October 8, 2020. He stated the vaccine was administered in the United States and that he experienced residual effects for more than six months, with no prior award or settlement for his condition. Respondent denied that Mr. Savino sustained a Table SIRVA injury, denied that the vaccine caused his shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on August 9, 2023, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Mr. Savino was awarded a lump sum of $5,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The court directed that judgment be entered in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01250-0 Date issued/filed: 2023-09-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/11/2023) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01250-UNJ Document 47 Filed 09/12/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1250V JOSEPH SAVINO, Chief Special Master Corcoran Petitioner, Filed: August 11, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael Pottetti, Law Offices of Michael Pottetti, Port Jefferson, NY, for Petitioner. Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 19, 2021, Joseph Savino 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 (“flu”) vaccine that was administered on October 8, 2020. Petition at 1; Stipulation, filed on August 9, 2023, at ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he experienced the residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action as a result of his alleged condition. Petition at 2; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a Table SIRVA injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” 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). Case 1:21-vv-01250-UNJ Document 47 Filed 09/12/23 Page 2 of 7 Nevertheless, on August 9, 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: A lump sum of $5,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 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-01250-UNJ Document 47 Filed 09/12/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOSEPH SAVINO, Petitioner, No. 21-1250V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. On April 19, 2021, Joseph Savino (“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 an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). 2. Petitioner received the flu vaccine on October 8, 2020 in his right arm. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the flu vaccine. Petitioner alleges that he experienced the residual effects of this condition 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 his condition. 1 Case 1:21-vv-01250-UNJ Document 47 Filed 09/12/23 Page 4 of 7 Case 1:21-vv-01250-UNJ Document 47 Filed 09/12/23 Page 5 of 7 Case 1:21-vv-01250-UNJ Document 47 Filed 09/12/23 Page 6 of 7 Case 1:21-vv-01250-UNJ Document 47 Filed 09/12/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01250-cl-extra-10736953 Date issued/filed: 2023-11-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270363 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1250V JOSEPH SAVINO, Chief Special Master Corcoran Petitioner, v. Filed: October 20, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael Pottetti, Law Offices of Michael Pottetti, Port Jefferson, NY, for Petitioner. Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On April 19, 2021, Joseph Savino 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 as a result of an influenza vaccine that was administered on October 8, 2020. Petition, ECF No. 1. On August 11, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 41. 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 $15,018.99 (representing $13,994.00 in fees and $654.99 in costs). Petitioner’s Application for Attorney’s Fees and Costs (“Motion”) filed Aug. 17, 2023, ECF No. 44. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred $370 in out-of-pocket expenses. Id. at 2. Respondent reacted to the motion on Aug. 25, 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. 45. 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. 44-1. 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 $15,018.99 (representing $13,994.00 in attorney’s fees and $1,024.99 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Michael Pottetti. 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