VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01346 Package ID: USCOURTS-cofc-1_21-vv-01346 Petitioner: Michael Williamson Filed: 2021-05-21 Decided: 2024-05-13 Vaccine: influenza Vaccination date: 2019-10-21 Condition: brachial neuritis Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Michael Williamson filed a petition for compensation under the National Vaccine Injury Compensation Program on May 21, 2021, alleging that he suffered from brachial neuritis as a result of receiving an influenza vaccine on October 21, 2019. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Williamson's injury or any other injury or his current condition. Despite maintaining their respective positions on causation, the parties reached a stipulation to settle the case. The stipulation provided for an award of compensation to Mr. Williamson. Special Master Thomas L. Gowen adopted the stipulation. The decision, issued on May 13, 2024, awarded Mr. Williamson a lump sum of $30,000.00, payable by check to petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The Clerk of the Court was ordered to enter judgment in accordance with the stipulation. Petitioner was represented by Laura Levenberg of Muller Brazil, and respondent was represented by Sarah B. Rifkin of the U.S. Department of Justice. The public decision does not describe the onset, symptoms, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Michael Williamson alleged that he suffered from brachial neuritis as a result of receiving an influenza vaccine on October 21, 2019. The respondent denied that the vaccine caused the alleged injury. The parties reached a stipulation to settle the case, and Special Master Thomas L. Gowen adopted the stipulation. The case was compensated based on the stipulation, with an award of $30,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. Petitioner was represented by Laura Levenberg, and respondent was represented by Sarah B. Rifkin. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01346-0 Date issued/filed: 2024-06-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/15/2024) regarding 33 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01346-UNJ Document 36 Filed 06/21/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 13, 2024 * * * * * * * * * * * * * MICHAEL WILLIAMSON, * Unpublished * * Petitioner, * No. 21-1346V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Laura Levenberg, Muller Brazil, Dresher, PA, for petitioner. Sarah B. Rifkin, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On May 21, 2021, Michael Williamson (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on October 21, 2019, he suffered from brachial neuritis. Id. On May 13, 2024, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 32).3 Respondent denies that the flu vaccine caused petitioner to suffer brachial neuritis, or any other injury or his current 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act. 3 The stipulation filed by respondent was signed electronically by petitioner. The verification page was omitted to avoid the unnecessary disclosure of personal information of petitioner. Case 1:21-vv-01346-UNJ Document 36 Filed 06/21/24 Page 2 of 7 condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties agree that the issues between shall be settled and that a decision should be entered awarding petitioner compensation according to the terms of the stipulation attached here to as Appendix A. Id. at ¶ 7. The stipulation awards: a) A lump sum of $30,000.00 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). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 4 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:21-vv-01346-UNJ Document 36 Filed 06/21/24 Page 3 of 7 Case 1:21-vv-01346-UNJ Document 36 Filed 06/21/24 Page 4 of 7 Case 1:21-vv-01346-UNJ Document 36 Filed 06/21/24 Page 5 of 7 Case 1:21-vv-01346-UNJ Document 36 Filed 06/21/24 Page 6 of 7 Case 1:21-vv-01346-UNJ Document 36 Filed 06/21/24 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01346-cl-extra-10734949 Date issued/filed: 2024-06-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268359 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 13, 2024 * * * * * * * * * * ** * MICHAEL WILLIAMSON, * Unpublished * * Petitioner, * No. 21-1346V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Laura Levenberg, Muller Brazil, Dresher, PA, for petitioner. Sarah B. Rifkin, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On May 21, 2021, Michael Williamson (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on October 21, 2019, he suffered from brachial neuritis. Id. On May 13, 2024, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 32).3 Respondent denies that the flu vaccine caused petitioner to suffer brachial neuritis, or any other injury or his current 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act. 3 The stipulation filed by respondent was signed electronically by petitioner. The verification page was omitted to avoid the unnecessary disclosure of personal information of petitioner. condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties agree that the issues between shall be settled and that a decision should be entered awarding petitioner compensation according to the terms of the stipulation attached here to as Appendix A. Id. at ¶ 7. The stipulation awards: a) A lump sum of $30,000.00 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). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 4 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01346-cl-extra-11053872 Date issued/filed: 2025-05-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10587284 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 16, 2025 * * * * * * * * * * * * * * MICHAEL WILLIAMSON, * * Petitioner, * No. 21-1346V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEYS’ FEES AND COSTS1 On September 25, 2024, Michael Williamson, (“petitioner”) filed a motion for attorneys’ fees and costs. Petitioner’s Motion for Attorney Fees (“Fees App.”) (ECF No. 37). For the reasons discussed below, I GRANT Petitioner’s motion for attorneys’ fees and costs and award a total of $20,816.94. I. Procedural History On May 12, 2021, Michael Williamson (“petitioner”) filed a petition for compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on October 21, 2019, he suffered from brachial neuritis. Id. On May 13, 2024, the parties filed a joint stipulation, which I adopted as my decision awarding compensation on the same day. (ECF No. 33). 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (Vaccine Act or the Act. All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. On September 25, 2024, petitioner filed a motion for attorneys’ fees and costs. Petitioner requests compensation in the total amount of $20,816.94, representing $15,848.30 in attorneys’ fees and $4,968.64 in costs. Fees App. at 2. Pursuant to General Order No. 9, petitioner warrants he has not personally incurred any costs in pursuit of his claim. Id. at 2. Respondent reacted to the fees motion on September 25, 2024, stating that “Respondent is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case.” Response at 2 (ECF No. 38). Petitioner did not file a reply. The matter is now ripe for adjudication. II. Analysis Under the Vaccine Act, the special master may award reasonable attorneys’ fees and costs for a petition that does not result in an award of compensation but was filed in good faith and supported by a reasonable basis. § 300aa–15(e)(1). Here, because Petitioner was awarded compensation pursuant to a stipulation, he is entitled to an award of reasonable attorneys’ fees and costs. Petitioners “bea[r] the burden of establishing the hours expended, the rates charged, and the expenses incurred” are reasonable. Wasson v. Sec'y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1993). Adequate proof of the claimed fees and costs should be presented when the motion is filed. Id. at 484 n. 1. The special master has the discretion to reduce awards sua sponte, independent of enumerated objections from the respondent. Sabella v. Sec'y of Health & Human Servs., 86 Fed. Cl. 201, 208–09 (Fed. Cl. 2009); Savin v. Sec'y of Health & Human Servs., 85 Fed. Cl. 313 (Fed. Cl. 2008), aff'd No. 99–537V, 2008 WL 2066611 (Fed. Cl. Spec. Mstr. Apr. 22, 2008). a. Attorneys’ Fees Petitioner requests the following hourly rates for the work of his counsel at Muller Brazil: for Ms. Laura Levenberg: $275.00 per hour for work performed in 2021, $350.00 per hour for work performed in 2022, $375.00 per hour for work performed in 2023, and $400.00 per hour for work performed in 2024; for Mr. Max Muller, $375.00 per hour for work performed in 2021. These rates are consistent with what counsel have previously been awarded for their Vaccine Program work and the undersigned finds them to be reasonable herein. Turning next to review of the submitted billing statement, I find that the overall hours spent on this matter appear to be reasonable. The entries are reasonable and accurately describe the work being performed and the length of time it took to perform each task. Respondent has not identified any particular entries as being objectionable. Therefore, Petitioner is entitled to final attorneys’ fees of $15,848.30. b. Attorneys’ Costs Like attorneys’ fees, a request for reimbursement of costs must be reasonable. Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). Petitioner requests total attorneys’ costs in the amount of $4,968.64. This amount is comprised of acquiring medical records, postage, the Court’s filing fee, and expert services provided by John D. Hixson, MD. Fees App. Ex. B. Dr. Hixson billed for 8 hours at $500.00 per hour totaling $4,000.00. This rate is 2 consistent with what Dr. Hixson has been previously awarded. See Zampitella v. Sec’y of Health & Human Servs., No. 21-1743V, 2024 WL 4044273, at *2 (Fed. Cl. Spec. Mstr. July 26, 2024). Petitioner has provided adequate documentation supporting the remainder of the costs. Petitioner is therefore awarded the full amount of costs sought. III. Conclusion In accordance with the foregoing, I hereby GRANT Petitioner’s motion for attorneys’ fees and costs and find that Petitioner is entitled to a reimbursement of attorneys’ fees and costs as follows: Attorneys’ Fees Requested $15,848.30 (Reduction of Fees) - Total Attorneys’ Fees Awarded $15,848.30 Attorneys’ Costs Requested $4,968.64 (Reduction of Costs) - Total Attorneys’ Costs Awarded $4,968.64 Total Attorneys’ Fees and Costs $20,816.94 Accordingly, I award a lump sum in the amount of $20,816.94 representing reimbursement for Petitioner’s attorneys’ fees and costs, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court SHALL ENTER JUDGMENT in accordance herewith.3 IT IS SO ORDERED. /s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review. Vaccine Rule 11(a). 3