VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01395
Package ID: USCOURTS-cofc-1_21-vv-01395
Petitioner: Lori Kathleen Ogden Erickson
Filed: 2021-05-25
Decided: 2024-03-29
Vaccine: influenza
Vaccination date: 2020-09-15
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Lori Kathleen Ogden Erickson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 15, 2020. She stated that the vaccine was administered in the United States and that she experienced pain, weakness, and impaired movement in her left shoulder for more than six months. Respondent denied that the flu vaccine caused her alleged injury or any other injury. Despite this denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Lori Kathleen Ogden Erickson a lump sum of $30,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-01395-0
Date issued/filed: 2024-03-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/27/2024) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-01395-UNJ Document 41 Filed 03/29/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1395V
LORI KATHLEEN OGDEN Chief Special Master Corcoran
ERICKSON,
Filed: February 27, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Douglas Lee Burdette, North Bend, WA, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 25, 2021, Lori Kathleen Ogden Erickson 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 left shoulder injury related to
vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on
September 15, 2020. Petition at 1; Stipulation, filed February 27, 2024, at ¶¶ 2-4.
Petitioner further alleges that the vaccine was administered in the United States, she had
pain, weakness and impaired movement and function in her left shoulder for a period in
excess of six months after vaccination, and she has never received compensation in the
form of an award or settlement for her vaccine-related injuries or filed a civil action for her
injuries prior to this petition. Petition at ¶¶ 3, 6, 8; Stipulation at ¶¶ 3-5. “Respondent
denies that the flu vaccine caused petitioner’s alleged injury, or any other injury, and
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.
2National 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-01395-UNJ Document 41 Filed 03/29/24 Page 2 of 7
further denies that petitioner’s current disabilities are sequelae of a vaccine-related
injury.” Stipulation at ¶ 6.
Nevertheless, on February 27, 2024, 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 $30,000.00 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-01395-UNJ Document 41 Filed 03/29/24 Page 3 of 7
IN Tim Ul\rn:n STATES ('OlJRJ' OF FEDERAL CLAIMS
Of-TICE OF SPECIAi. MASTEHS
LORI Ki\TIILl~LN OUDEN !·RICKSON.
Pl:titioncr, )
) No. 21-IJ95V (ECF)
V. ) Chief Spcci:11 Master Con:ornn
)
SLCRETARY OF IIEALTII )
AND IIUMi\N SLRVICES. )
)
______R_c sp_on_<lcn_l. _______ )
)
STIPULATION
The part ic:- hen:by s1ip11lat<.: to the fol lowing mailers:
umkr tht" National \'a<.:l:illl' Injury Compcm,atio11 Prog.ra111. -l'.2 U.S.C. ~~ 300.ia· IO et·" ''/· (the
"V~ccine f>rogr.-un .. ). l'he petition sc~ks <.:ompcnsation for injuries allegedly rd.ih:d to
petitioner's receipt of an inllucn1.a ("llu") vaccine. which vaccine is contained in the Va<.:cinc
*
Injury Tahk (the ''Tahlc''), 42 C.F.R. 100.J(a).
2. Pl.!lilioncr rc<.:ciH:d :t 1111 va<.:cinc on Scplcmhcr 15. 2020 in her ld i arm.
3. The vaccination was .1dminis1cn.:d within lhl' United States.
4. Pcti1iont:r alleges that she suswinc<l a shoulder injury related to vaccine admini~tration
(''$11-{VA") a'- ~ct forth in the T;1blc. Petitioner ti1rthcr alkges that she experienced thi.: residual
cfli::cts of this rondition for more th.in si~ months.
5. Pctitiont:r represents that there has hecn 11tl prior award or sclllcmcnt or .i civil action
for damages on her behalf as a result of h1:T condition.

Case 1:21-vv-01395-UNJ Document 41 Filed 03/29/24 Page 4 of 7
6. Respondent denies that the nu vaccine cau!-cd pclitioncr·s alleged injury, or any other
injury, and further denies that pclitioncr·s current disabilities arc scqudat' or a vm:cinc-relatt:d
111,1ury.
7. Maintaining their ,thti, ~·-.-..lated posit ions. the p.irt ics n, ..- v~11hclc:;s nc,"· agrt'l' that the
issues bctwl'cn them shall be sct1lcd and that n decision c,hould he entered awarding 1lw
compensation ckscrihccl in pnragraph 8 of this Stipulation.
8. As soon .i:-, pn:tl·tit.:ubh: a lier an t:nll)' ofj udgment rctkcting a deci~inn consistent "ith
tht terms of' this Stipulati(m. and alter petitioner has filc<l an ckction to receive ,ompt:nsatio11
pur'iunnr 1042 U.S.C. ~ 300aa-2I(a)(I), the Secretary of'fleallh and lluman Scrvkcs \\ill issue
the follo\\ing vaccine compensation payment:
/\ lump sum or$30,000.00, in thr: form or a check payable to petitioner. This amount
rcprescn1s compensation for all damages that would he .ivailahle under 42 U.S.C.
-~ 300;1.1-) 5( a).
9. As soon as practicable alier the entry ofjudgmcnt on entitlement in this case, and alit:r
pcti1ioncr has tiled hoth a proper and timdy election to receive compensation pursuan1 lo 42
l 1.S.C. ~ 300aa-2 l(a)( I). and an application, the parties \\.ill submit lo further proceedings bcforc
the ,1;pc1:ial master to award reasonable attorneys· foes and costs incurred in proceeding upon this
petition.
I 0. Petitioner and her auomcy represent that compensation to be provided pursuant to
this Stipulution is 1101 for any items or services for which 1hc Program is not primarily liahk
under 42 lJ .S.C. ~ 300aa-15(g), to the extent that paymcnl has hccn made or can n:asonahly be
expected w oc made under any State compensation progrnms. insurance policies. Federal or
State health bcnctits programs (other than Title XIX of the Social Security A1.:1 (42 U.S.C.
§ 1396 ~t :-.e4.) ). or by entities 1ha1 provide health .services 011 a pre!-paid basi~.

Case 1:21-vv-01395-UNJ Document 41 Filed 03/29/24 Page 5 of 7
I I. Payim:nl made p11r~t1ant 10 paragraph Xo f thb Stipulation and any anHHmts ,mun.led
*
pursuanc lo parnfraph 9 of this Stipulation" ill be made in accordance with 42 U.S.l'. J00aa-
15( i ). s11hjcc110 the availability of sufficient s1atu1ory funds.
12. The parties a11<l their allorncys ltirthcr agree and stipulate that. except for any award
for anornl!ys· lees .ind li1ig.(11ion costs. an<l past unrl!imbursablc expenses, 1lw money provided
pursuant to this Stipulation will he used ~olcly for pclitioncr"s bc11di1 as contcmplmctl hy a strict
~*
constrnction of 42 lJ.S.C. :lO0aa-15(:t) and (<l). and sutljccl to the conditions of 42 U.S.C
*~
300aa-I 5(g) .ind (h).
13. In return for thl' pnymcnts described in paragraphs 8 and 9. pet it inner, in her
r
1mli\'i<llwl capacity. an<l on hchal or her h,:irs, executors. administrators. sm:cessors or assign~.
tlm:s rorcvcr irrc.:, oi.:ably and unconditionally rdease. acquit and discharge the United States and
the Sccn:tar1 of I kahh and I luman Services from any and all actions or causes of action
(including ,lgrccmenls, judgments, claim!-. damages. loss of services. -:xpcnses an<l all demands
of wha1cn:r kind or nature) that have been brought. could have been brought. or could be timdy
brought in the Court of Federal Claims. under the National Vaccine lnjmy Compcm,ation
*
Program. 42 ll.S.C. 300aa-10 e1 .wq. . on account of. or in any way growing out 01: ~my and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from. or alleged to ha\'c resulted from. the flu vaccination administered on Scptcmhc,· 15. 2020.
as alleged by petitioner in a petition likd on May 25. 2021, in th!! United States Court of Fc<lcral
Claims ,,s petition No. 2 I-I 395V.
l<i. If petitioner should die prior 10 entry ofjudgmcnt, this agreement shall hl' rni<lablc
upon propl!r noticr 10 the Court on bl·hal for either or both of the: parii~s.

Case 1:21-vv-01395-UNJ Document 41 Filed 03/29/24 Page 6 of 7
15. If the special master foils to i!->sut.:' a <lecision in complete conformity with th(· tcnns
of this Stipulation or if the Court or Federal Claims foils to cnh:r judgmcn1 in conformity with a
tkcision that is 111 rnmplctc conformity with the 1cnns or this Stipulation. then the parties·
sdtkmcnt and this Stipulation shc1ll he voidahk ,u the sole discretion of either party.
I(). !'hi:-. Stipulatio11 cxpr(:s~cs a hill anc.1 complch: nti::oti~1tcd scttlc1m:n1 of liability and
danwgc:-. danncd under the Na1ional Childhood Vaccine Injury Act of l9~(l. a~ :11m:nd1.•d. c.xct.!pl
as other\.\ i-;i: noted in parngraph 9 ahovc. There is ab~olutdy no agreement on the part of the
partic~ hereto to make any payment or lo <lo any act or 1hing othn than is herein expressly ,;tatl!d
an<l ckarly agreed to. The parties r1111hcr .igrcc .md u11<krstand tlrnt the ,l\\ard dcs-.:ribcd in this
Stipulation may rctlc<.:t a compromise of the pc111ics· rc:;pcctivc positions a!'- to liability and/or
amo111H ()f damages. an<l fu1thcr, that a change in the natur<.: oftht injury or co11ditio11 or in the
items of <.:omp1.~nsc1tion sought. is not grounds to modify or revise this agreement.
17. This Stipulation shall not bi: com,tru~d a!-an admission by the United States or the
Sccrct.iry or I li..:allh and I lumnrt St:rv tcl:s that the llu \•aceim.-caused pclilHllll"t' ·s al kgcd injury.
or any other injury. or that her cum~nt disahilitics are sequdac of' her ~1llcgcd \ a-.:1.:ine-rclatcd
m,1ury.
IX. /\II right,; and ohligatitins or pc!itiom.:r hereunder sl1;1II apply equally to pctiti(incr·s
heirs, c>.ccutors, administrators, suc<.:cssors, and/or assigns.
END OF STIPULATION

Case 1:21-vv-01395-UNJ Document 41 Filed 03/29/24 Page 7 of 7
PETITIO:'IER:
~ /_(· -
I ORI K1\Tlll.r·FN OGl>EN H{lCKSON
ATTORNEY Of RECORD AUTIIORIZE0 REl'RESENTA Tl\'E
FOR PETITIONER: OF THE ATTORl'iF.:Y (;F..:'I.F.:RAL:
/U:;:Bt1H
-~ ~ \ 1 - P ~
Kl:U YD. BUIH)l:TTl I ILATI 11:R L. f>EAfU.MAN
Burdette Law
l)cpu1y Director
249 Muin A ,cnut.: Sm11h, Suitt· 107 #.B3 Tort!-. Branch
Nonh lknd. W/\ 98045 Ci\'il Di\ision
Tel. (206) 235-504~ ll.S. Dcparlm\!111 or .lu:-tu.:i:
K..:II) Burd..:th·•,1 Hurddtcl.H\\ .01g P.O. Ho.\ I •I()
Hc11_1amm l·nmklin \1atio11
Wn~hington. DC 20044-0146
AlJTHORIZf.l> Rf.PRESENTA Tl VI:: ATTORr\EV Of RECORD FOR
Of THE SECRETARY OF If EALTH RESPON0E~T:
A~0 lllll\1A!\ SERVICES:
------
George R. Grimes -
l),911a~p19nt>d by (,~orgdt
G•m1c1 ·S 14
5 14 ~h.': 1024 02 06 l(\ M 28 O'.> 00' ~
(DR (iEORGF REED GRIMES. MD. MPII
f>irc1.:1or. Di, ision of Injury Trial Auorncy
Compcn!-ation Programs f'o11s 13ranch
Health Sy~tcms Bureau Civil Division
I kallh R~:-.ourcc., an<l Scrvic..:: lJ.S. Dcparlml'nt of Just ict
Admini1-,tratim1
P.O. Rox 146
I 1. , . Dep;1rtme111 of I lea Ith Benjamin franklin Stali<)n
and I luma11 Services Washington, DC 20044-0146
5600 Fi~hcr.s lane, 08W-25A ld: (202) 305-1748
Roch ilk. MD 20857 mitchd I. jonl's(,1. u.sll<~i .gov

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-01395-cl-extra-10735797
Date issued/filed: 2024-03-29
Pages: 1
Docket text: Supplementary opinion from CourtListener cluster 10269207
--------------------------------------------------------------------------------
  In the United States Court of Federal Claims
                                 OFFICE OF SPECIAL MASTERS
                                         No. 21-1395V



 LORI KATHLEEN OGDEN                                         Chief Special Master Corcoran
 ERICKSON,
                                                             Filed: February 27, 2024
                         Petitioner,
 v.

 SECRETARY OF HEALTH AND
 HUMAN SERVICES,

                        Respondent.


Douglas Lee Burdette, North Bend, WA, for Petitioner.

Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.


                               DECISION ON JOINT STIPULATION1

        On May 25, 2021, Lori Kathleen Ogden Erickson 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 left shoulder injury related to
vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on
September 15, 2020. Petition at 1; Stipulation, filed February 27, 2024, at ¶¶ 2-4.
Petitioner further alleges that the vaccine was administered in the United States, she had
pain, weakness and impaired movement and function in her left shoulder for a period in
excess of six months after vaccination, and she has never received compensation in the
form of an award or settlement for her vaccine-related injuries or filed a civil action for her
injuries prior to this petition. Petition at ¶¶ 3, 6, 8; Stipulation at ¶¶ 3-5. “Respondent
denies that the flu vaccine caused petitioner’s alleged injury, or any other injury, and


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).
further denies that petitioner’s current disabilities are sequelae of a vaccine-related
injury.” Stipulation at ¶ 6.

       Nevertheless, on February 27, 2024, 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 $30,000.00 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
                  IN Tim Ul\rn:n STATES ('OlJRJ' OF FEDERAL CLAIMS
                             Of-TICE OF SPECIAi . MASTEHS


  LORI Ki\TIILl~LN OUDEN !· RICKSON .

                   Pl:titioncr,                             )
                                                            )    No. 21-IJ95V (ECF)
  V.                                                        )    Chief Spcci:11 Master Con:ornn
                                                           )
 SLCRETARY OF IIEALTII                                     )
 AND IIUMi\N SLRVICES.                                     )
                                                           )
      R             cspon<lcnl.
_________________                                          )
                                                           )


                                              STIPULATION

        The part ic:- hen:by s1ip11lat<.: to the following mailers:



umkr tht" Nat ional \'a<.:l:illl' Injury Compcm,atio11 Prog.ra111 . -l'.2 U.S .C. ~~ 300.ia· IOet ·" ''/· (the

"V~ccine f>rogr.-un .. ). l'he petition sc~ks <.:ompcnsation for injuries allegedly rd.ih:d to

pet itioner 's receipt of an inllucn1.a ("llu") vaccine. which vaccine is contained in the Va<.:cinc

Injury Tahk (the ''Tahlc''), 42 C.F.R.      *100.J(a).
        2. Pl.!lilioncr rc<.:ciH:d :t 1111 va<.:cinc on Scplcmhcr 15. 2020 in her ld i arm.

        3. The vaccination was .1dminis1cn.:d within lhl' United States.

        4. Pcti1iont:r alleges that she suswinc<l a shoulder injury related to vaccine admini~tration

(' '$11-{VA") a'- ~ct forth in the T;1blc. Petitioner ti1rthcr alkges that she experienced thi.: residual

cfli::cts of this rondition for more th.in si~ months.

        5. Pctitiont:r represents that there has hecn 11tl prior award or sclllcmcnt or .i civil action

for damages on her behalf as a result of h1:T condition.
              6. Respondent denies that the nu vaccine cau!-cd pclitioncr·s alleged injury, or any other

  injury, and further denies that pclitioncr·s current disabilities arc scqudat' or a vm:cinc-relatt:d

  111,1ury.

              7. Maintaining their ,thti, ~·-.-..lated posit ions. the p.irt ics n,..-v~11hclc:;s nc,"· agrt'l' that the

 issues bctwl'cn them shall be sct1lcd and that n decision c,hould he entered awarding 1lw

 compensation ckscrihccl in pnragraph 8 of this Stipulation.

              8. As soon .i:-, pn:tl·tit.:ubh: alier an t:nll)' of judgment rctkcting a deci~inn consistent "ith

 tht terms of' this Stipulati(m. and alter petitioner has filc<l an ckction to receive ,ompt:nsatio11

 pur'iunnr 1042 U.S.C. ~ 300aa-2I(a)(I), the Secretary of'fleallh and lluman Scrvkcs \\ill issue

 the follo\\ing vaccine compensation payment:

              /\ lump sum or$30,000.00, in thr: form or a check payable to petitioner. This amount
              rcprescn1s compensation for all damages that would he .ivailahle under 42 U.S.C.
              -~ 300;1.1-) 5( a).


              9. As soon as practicable alier the entry ofjudgmcnt on entitlement in this case, and alit:r

pcti1ioncr has tiled hoth a proper and timdy election to receive compensation pursuan1 lo 42

l 1.S.C. ~ 300aa-2 l(a)( I). and an application, the parties \\.ill submit lo further proceedings bcforc

the ,1;pc1:ial master to award reasonable attorneys· foes and costs incurred in proceeding upon this

petition.

              I 0. Petitioner and her auomcy represent that compensation to be provided pursuant to

this Stipulution is 1101 for any items or services for which 1hc Program is not primari ly liahk

under 42 lJ .S.C. ~ 300aa-15(g), to the extent that paymcnl has hccn made or can n:asonahly be

expected w oc made under any State compensation progrnms. insurance policies. Federal or

State health bcnctits programs (other than Title XIX of the Social Security A1.:1 (42 U.S.C.

§ 1396 ~t :-.e4.) ). or by entities 1ha1 provide health .services 011 a pre!-paid basi~.
          I I. Payim:nl made p11r~t1ant 10 paragraph Xof thb Stipulation and any anHHmts ,mun.led

 pursuanc lo parnfraph 9 of this Stipulation" ill be made in accordance with 42 U.S.l'.       *J00aa-
 15( i ). s11hjcc110 the availability of sufficient s1atu1ory funds.

         12. The parties a11<l their allorncys ltirthcr agree and stipulate that. except for any award

 for anornl!ys· lees .ind li1ig.(11ion costs. an<l past unrl!imbursablc expenses, 1lw money provided

 pursuant to this Stipulation will he used ~olcly for pclitioncr"s bc11di1 as contcmplmctl hy a strict

 constrnction of 42 lJ.S.C.    ~* :lO0aa-15(:t) and (<l). and sutljccl to the conditions of 42 U.S.C
 *~ 300aa- I5(g) .ind   (h).

         13. In return for thl' pnymcnts described in paragraphs 8 and 9. pet it inner, in her

1mli\'i<llwl capacity. an<l on hchal r or her h,:irs, executors. administrators. sm:cessors or assign~.

tlm:s rorcvcr irrc.:, oi.:ably and uncond itionally rdease. acquit and discharge the United States and

the Sccn:tar1 of Ikahh and I luman Services from any and all actions or causes of action

(including ,lgrccmenls, judgments, claim!-. damages. loss of services. -:xpcnses an<l all demands

of wha1cn:r kind or nature) that have been brought. could have been brought. or could be timdy

brought in the Court of Federal Claims. under the National Vaccine lnjmy Compcm,ation

Program. 42 ll.S.C.     *300aa-10 .wq.. on account of. or in any way growing out 01: ~my and all
                                    e1


known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting

from. or alleged to ha\'c resulted from. the flu vaccination administered on Scptcmhc,· 15. 2020.

as alleged by petitioner in a petition likd on May 25. 2021 , in th!! United States Court of Fc<lcral

Claims ,,s petition No. 2 I- I 395V.

        l<i. If petitioner should die prior 10 entry ofjudgmcnt, this agreement shall hl' rni<lablc

upon propl!r noticr 10 the Court on bl·hal for either or both of the: parii~s.
           15. If the special master foils to i!->sut.:' a <lecision in complete conformity with th(· tcnns

 of this Stipulation or if the Court or Federal Claims foils to cnh:r judgmcn1 in conformity with a

 tkcision that is 111 rnmplctc conformity with the 1cnns or this Stipulation. then the parties·

 sdtkmcnt and this Stipulation shc1ll he voidahk ,u the sole discretion of either party.

           I(). !'hi:-. Stipulatio11 cxpr(:s~cs a hill anc.1 complch: nti::oti~1tcd scttlc1m:n1 of liability and

danwgc:-. danncd under the Na1ional Childhood Vaccine Injury Act of l9~(l. a~ :11m:nd1.•d. c.xct.!pl

as other\.\ i-;i: noted in parngraph 9 ahovc . There is ab~olutdy no agreement on the part of the

partic~ hereto to make any payment or lo <lo any act or 1hing othn than is herein expressly ,;tatl!d

an<l ckarly agreed to. The parties r1111hcr .igrcc .md u11<krstand tlrnt the ,l\\ard dcs-.:ribcd in this

Stipulation may rctlc<.:t a compromise of the pc111ics· rc:;pcctivc positions a!'- to liability and/or

amo111H ()f damages. an<l fu1thcr, that a change in the natur<.: oftht injury or co11ditio11 or in the

items of <.:omp1.~nsc1tion sought. is not grounds to modify or revise this agreement.

          17. This Stipulation shall not bi: com,tru~d a!- an admission by the United States or the

Sccrct.iry or I li..:allh and Ilumnrt St:rv tcl:s that the llu \•aceim.- caused pclilHllll"t' ·s al kgcd injury.

or any other injury. or that her cum~nt disahilitics are sequdac of' her ~1llcgcd \ a-.:1.:ine-rclatcd

m,1ury.

          IX . /\II right,; and ohligatitins or pc!itiom.:r hereunder sl1;1II apply equally to pctiti(incr·s

heirs, c>.ccutors, administrators, suc<.:cssors, and/or assigns.

                                         END OF STIPULATION
 PETITIO:'IER:


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      ·-
 I ORI K1\Tlll.r·FN OGl>EN H{lCKSON


 ATTORNEY Of RECORD                                                AUTIIORIZE0 REl'RESENTA Tl\'E
 FOR PETITIONER:                                                   OF THE ATTORl'iF.:Y (;F..:'I.F.:RAL:


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                                                                  I ILATI 11:R L. f>EAfU.MAN
 Burdette Law                                                      l)cpu1y Director
249 Muin A ,cnut.: Sm11h, Suitt· 107 #.B3                         Tort!-. Branch
Nonh lknd. W/\ 98045                                              Ci\'il Di\ision
Tel. (206) 235-504~                                               ll.S. Dcparlm\!111 or .lu:-tu.:i:
K..:II) Burd..:th·•,1 Hurddtcl.H\\ .01g                           P.O. Ho.\ I •I()
                                                                  Hc11_1amm l·nmklin \1atio11
                                                                  Wn~hington. DC 20044-0146




AlJTHORIZf.l> Rf.PRESENTA Tl VI::                                 ATTORr\EV Of RECORD FOR
Of THE SECRETARY OF If EALTH                                      RESPON0E~T:
A~0 lllll\1A!\ SERVICES:
 George R. Grimes - l),911a~p19nt>d by (,~orgdt                                                       ------
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(DR (iEORGF REED GRIMES. MD. MPII
f>irc1.:1or. Di, ision of Injury                                  Trial Auorncy
  Compcn!-ation Programs                                           f'o11s 13ranch
Health Sy~tcms Bureau                                             Civil Division
I kallh R~:-.ourcc., an<l Scrvic..::-                             lJ.S. Dcparlml'nt of Just ict
  Admini1-,tratim1                                                P.O. Rox 146
I 1. , . Dep;1rtme111 of I lea Ith                                Benjamin franklin Stali<)n
 and I luma11 Services                                            Washington, DC 20044-0146
5600 Fi~hcr.s lane, 08W-25A                                       ld: (202) 305-1748
Roch ilk. MD 20857                                                mitchd I.jonl's(,1. u.sll<~i .gov


================================================================================
DOCUMENT 3: USCOURTS-cofc-1_21-vv-01395-cl-extra-10804648
Date issued/filed: 2025-02-21
Pages: 1
Docket text: Supplementary opinion from CourtListener cluster 10338060
--------------------------------------------------------------------------------
    In the United States Court of Federal Claims
                                 OFFICE OF SPECIAL MASTERS
                                         No. 21-1395V


    LORI KATHLEEN OGDEN ERICKSON,
                                                             Chief Special Master Corcoran
                         Petitioner,
    v.                                                       Filed: January 22, 2025


    SECRETARY OF HEALTH AND
    HUMAN SERVICES,

                        Respondent.


Douglas Lee Burdette, North Bend, WA, for Petitioner.

Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.

                       DECISION ON ATTORNEY’S FEES AND COSTS 1

        On May 25, 2021, Lori Kathleen Ogden Erickson 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 left shoulder injury related
to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on
September 15, 2020. Petition at 1; Stipulation, filed February 27, 2024, at ¶¶ 2-4.
Petitioner further alleges that the vaccine was administered in the United States, she had
pain, weakness and impaired movement and function in her left shoulder for a period in
excess of six months after vaccination, and she has never received Compensation in the
form of an award or settlement for her vaccine-related injuries or filed a civil action for her
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).
injuries prior to this petition. Petition at ¶¶ 3, 6, 8. On February 27, 2024, I issued a
decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No.
37.

       Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $14,493.17 (representing $13,223.05 in fees plus $1,270.12 costs). Application for
Attorneys’ Fees and Costs (“Motion”) filed August 26, 2024, ECF No. 42. Furthermore,
Petitioner filed a signed statement representing that Petitioner incurred no personal out-
of-pocket expenses. ECF No. 42-3.

        Respondent reacted to the motion on August 26, 2024, indicating that he is
satisfied the statutory requirements for an award of attorneys’ fees and costs are met in
this case but deferring resolution of the amount to be awarded to my discretion. Motion
at 2-4, ECF No. 43. Petitioner did not file a reply.

      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. 42-2. Respondent offered no specific objection to the rates or
amounts sought. I find the requested costs reasonable and hereby award them in full.

       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. Petitioner is awarded attorneys’ fees and costs in the total
amount of $14,493.17 (representing $13,223.05 for attorneys’ fees and $1,270.12 in
attorneys’ costs) to be paid through an ACH deposit to petitioner’s counsel’s
IOLTA account for prompt disbursement. 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 filing a joint notice
renouncing their right to seek review.
                                                 2