VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01277 Package ID: USCOURTS-cofc-1_21-vv-01277 Petitioner: Sandra Yockteng Filed: 2021-04-23 Decided: 2023-07-14 Vaccine: influenza Vaccination date: 2019-11-27 Condition: Subacromial Subdeltoid Bursitis and Chronic Rotator Cuff Injury Left Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Sandra Yockteng filed a petition for compensation under the National Vaccine Injury Compensation Program on April 23, 2021, alleging injury following an influenza vaccine received on or about November 27, 2019. Ms. Yockteng claimed she suffered a "Table Injury of Subacromial Subdeltoid Bursitis and Chronic Rotator Cuff Injury Left" (SIRVA) and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Yockteng sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and adopted it as the decision. Ms. Yockteng was awarded a lump sum of $45,000.00, payable by check, as compensation for all items of damages. This award represents a negotiated settlement of liability and damages. The decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Matthew Kobren, and respondent was represented by Austin Joel Egan. Theory of causation field: Petitioner Sandra Yockteng received an influenza vaccine on or about November 27, 2019. She alleged a Table Injury of Subacromial Subdeltoid Bursitis and Chronic Rotator Cuff Injury Left (SIRVA) resulting from the vaccine, with residual effects lasting more than six months. Respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $45,000.00 for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner was represented by Matthew Kobren, and respondent was represented by Austin Joel Egan. The decision date was July 14, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01277-0 Date issued/filed: 2023-07-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/14/2023) regarding 53 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01277-UNJ Document 54 Filed 07/14/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1277V SANDRA YOCKTENG, Chief Special Master Corcoran Petitioner, v. Filed: June 14, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew Kobren, Boca Raton, FL, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 23, 2021, Sandra Yockteng 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 received the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on or about November 27, 2019. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. She further alleges that she experienced the residual effects of this alleged injury for more than six months. Respondent denies that Petitioner sustained SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. 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 (2012). Case 1:21-vv-01277-UNJ Document 54 Filed 07/14/23 Page 2 of 7 Nevertheless, on June 13, 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 $45,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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-01277-UNJ Document 54 Filed 07/14/23 Page 3 of 7 OocuSign Envelope ID: B12E9610-71D7-4082-AE66-C8A063C5864D IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SANDRA YOCKTENG, ) ) Petitioner, ) ) No. 21-1277V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) ______R_esp_ond_en_t. _______) ) STIPULATION The parties hereby stipulate to the following matters: 1. Sandra Yo ckteng ("petitioner") filed a 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. § 100.3(a). 2. Petitioner received the flu vaccine on or about November 27, 2019. 3. The vaccine was administered in the United States. 4. Petitioner alleges that she suffered a "Table Injury of Subacromial Subdeltoid Bursitis and Chronic Rotator Cuff Injury Left" 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. Case 1:21-vv-01277-UNJ Document 54 Filed 07/14/23 Page 4 of 7 DocuSign Envelope ID: B12E9610-7107-40B2-AE66-C8A063C5864D 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $45,000.00 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). 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-21(a)(l), and an application, the parties will submit to further proceedings 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. 2 Case 1:21-vv-01277-UNJ Document 54 Filed 07/14/23 Page 5 of 7 DocuSign Envelope ID: B12E9610-71D7-40B2-AE66-C8A063C5864D 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-15(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 of42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(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 petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about November 27, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about April 23, 2021, in the United States Court of Federal Claims as petition No. 21-1277V. 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. 3 Case 1:21-vv-01277-UNJ Document 54 Filed 07/14/23 Page 6 of 7 DocuSign Envelope ID: B12E9610-7107-4082-AE66·CBA063C5864O 15. lfthe 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 shoulder injury, any other injury, or her current condition, or that petitioner suffered an injury contained in the Vaccine Injury Table. 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-01277-UNJ Document 54 Filed 07/14/23 Page 7 of 7 OocuSign Envelope 10: 812E9610-7107-40B2-AE66-C8A063C5864O Respectfully submitted, PETITIONER: SANDRA YOCKTENG ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: 11A.~ ~ RC~4\J9~ Mathew D. Kobren HEATHER L. PEARLMAN Glotzer & Kobren, P.A. Deputy Director 2 700 N. Military Trail, Suite I 00 Torts Branch Boca Raton, FL 33431 Civil Division Tel: (561) 361-8677 U.S. Department of Justice Email: matt@glotzerlaw.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Henry P Digitally signed by • Henry P. Mcmlllan-S3 'llan -S3 by Mcml Date:2023.05.18 12:12:39 ·04'00' CDR GEORGE REED GRJMES, MD, MPH Director, Division of Injury Trial Attorney 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, 08Nl46B Austin.J.Egan@usdoj.gov Rockville, MD 20857 J u4e /3. 1Q;) 3> Dated: 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01277-cl-extra-10735510 Date issued/filed: 2024-04-26 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268920 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1277V SANDRA YOCKTENG, Chief Special Master Corcoran Petitioner, v. Filed: March 26, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew Kobren, Boca Raton, FL, for Petitioner. Joel Austin Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS1 On April 23, 2021, Sandra Yockteng 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 received the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on or about November 27, 2019. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. On June 14, 2023, I issued a decision awarding compensation to Petitioner, based on the parties’ stipulation. ECF No. 53. 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. 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 $7,904.38 (representing $7,237.20 for fees and $667.18 for costs). Petitioner’s Motion for Attorney’s Fees and Costs, filed Jan. 15, 2024, ECF No. 57. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred no out-of- pocket expenses. Id. at 2. Respondent reacted to the motion on February 6, 2024, 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, 3 n.2, ECF No. 58. Petitioner filed no reply. The hourly rate requested by Matthew Kroben is the maximum allowed for an attorney with his overall experience for work performed in 2021, and in the higher range for 2022 and 2023. See 2021-2023 Attorneys’ Forum Hourly Rate Fee Schedules at http://www.uscfc.uscourts.gov/node/2914 (last visited March 24, 2024). Although Mr. Kobren usually would not be entitled to this hourly rate given his lack of experience in the Vaccine Program, due to the lower amount of time billed, the overall amount of fees requested is reasonable ($7,237.20). Thus, I will award the attorney’s fees requested. Regarding attorney’s costs, Petitioner has provided supporting documentation for only $582.93 in claimed costs. ECF No. 51-2. Petitioner has not provided any substantiate for any of the remaining costs. Furthermore, at least two of these costs may be connected to an earlier filed civil action or documentation needed for the admission to the United States Court of Federal Claims of Petitioner’s counsel – costs which should not be reimbursed. See ECF No. 51-2 at 1 (two entries from mid-April 2021, one of which indicates a payment to the Florida Supreme Court). Therefore, I will reimburse only the costs for which Petitioner has provided adequate documentation, $582.93. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). I award a total of $7,820.13 (representing $7,237.20 for fees and $582.93 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Matthew Kobren. 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 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3