VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01591 Package ID: USCOURTS-cofc-1_21-vv-01591 Petitioner: Kathleen Pachucki Filed: 2021-07-20 Decided: 2023-06-09 Vaccine: influenza Vaccination date: 2020-01-07 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 120000 AI-assisted case summary: Kathleen Pachucki filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on January 7, 2020. The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms. Pachucki is entitled to compensation. The respondent stated that the petitioner met the criteria for SIRVA as outlined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The court found that Ms. Pachucki is entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $120,000.00 for pain and suffering. Ms. Pachucki agreed with this proffered award. Based on the record, the court awarded Ms. Pachucki a lump sum payment of $120,000.00 for pain and suffering, representing all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01591-0 Date issued/filed: 2023-05-23 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/21/2023) regarding 37 Ruling on Entitlement Order on Motion for Extension of Time to File Response Order on Motion for Ruling on the Record. ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01591-UNJ Document 44 Filed 05/23/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1591V UNPUBLISHED KATHLEEN PACHUCKI, Chief Special Master Corcoran Petitioner, Filed: April 21, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Michael G. McLaren, Black McLaren et al., P.C., Memphis, TN, for Petitioner. Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 20, 2021, Kathleen Pachucki 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 that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered on January 7, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 19, 2023, Respondent filed his combined Rule 4(c) report and Response to Petitioner’s Motion for a Ruling on the Record (“Rule 4/Response”) conceding that Petitioner is entitled to compensation in this case. Rule 4/Response at 1. Specifically, Respondent states that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury 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-01591-UNJ Document 44 Filed 05/23/23 Page 2 of 2 Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA. Id. at 6. Respondent further agrees that Petitioner has met all statutory and jurisdictional requirements. Id. 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-01591-1 Date issued/filed: 2023-06-09 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/03/2023) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01591-UNJ Document 45 Filed 06/09/23 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1591V UNPUBLISHED KATHLEEN PACHUCKI, Chief Special Master Corcoran Petitioner, Filed: May 3, 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) Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for Petitioner. Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 20, 2020, Kathleen Pachucki 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered on January 7, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 21, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On May 2, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $120,000.00 in pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with 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-01591-UNJ Document 45 Filed 06/09/23 Page 2 of 4 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $120,000.00 (in pain and suffering) 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-01591-UNJ Document 45 Filed 06/09/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) KATHLEEN PACHUCKI, ) ) Petitioner, ) ) No. 21-1591 v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On July 20, 2021, Kathleen Pachucki (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”) caused by her receipt of an influenza vaccination on January 7, 2020. Petition at 1. On April 19, 2023, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) report recommending that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and April 21, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 36; ECF No. 37. I. Item of Compensation Respondent proffers that petitioner should be awarded $ 120,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:21-vv-01591-UNJ Document 45 Filed 06/09/23 Page 4 of 4 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 and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $ 120,000.00, representing economic and noneconomic damages, in the form of a check payable to petitioner, Kathleen Pachucki. III. Summary of Recommended Payment Following Judgment Lump sum award payable to petitioner, Kathleen Pachucki: $ 120,000.00. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Martin C. Galvin MARTIN C. GALVIN Trial Attorney, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3071 Martin.Galvin@usdoj.gov Dated: May 2, 2023 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01591-cl-extra-10737042 Date issued/filed: 2023-11-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270452 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1591V KATHLEEN PACHUCKI, Chief Special Master Corcoran Petitioner, v. Filed: October 10, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for Petitioner. Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 20, 2020, Kathleen Pachucki 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 she suffered a shoulder injury related to vaccine administration as a result of an influenza vaccine that was administered on January 7, 2020. Petition, ECF No. 1. On May 3, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 40. 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 $50,505.50 (representing $47,399.80 in fees and $3,105.70 in costs). Petitioner’s Application for Attorneys’ Fees and Costs (“Motion”) filed July 26, 2023, ECF No. 46. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. ECF No. 46-3. Respondent reacted to the Motion on Aug. 9, 2023, deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, 3 n.2, ECF No. 47. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s requests and find a reduction in the amount of fees to be awarded appropriate, for the reasons listed below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. 2 ATTORNEY FEES Petitioner requests the following hourly rates for attorneys performing work in this matter: 2021 2022 2023 Michael McLaren X $501 $527 William Cochran $420 X $457 Chris J. Webb $364 $395 $415 Paralegals $161 $167 $175 The hourly rates requested for Mr. McLaren through the end of 2023 are reasonable and consistent with prior determinations and will therefore be adopted herein. The hourly rates requested for Mr. Cochran, Mr. Webb, and paralegals between 2021- 2022 are also consistent with prior determinations and will be adopted. And all travel time was properly billed at one-half of the attorney’s usual hourly rate. Id. at 14; see, e.g., Hocraffer v. Sec’y of Health & Hum. Servs., No. 99-533V, 2011 WL 3705153, at *24 (Fed. Cl. Spec. Mstr. July 25, 2011). However, the rates requested for Mr. Cochran, Mr. Webb, and paralegals for time billed in 2023 require adjustment. Mr. Cochran was previously awarded the lesser rate of $450; Mr. Webb the lesser rate of $410, and paralegals the lesser rate of $172, for all time billed in 2023. See Gibson v. Sec’y of Health & Hum. Servs., No. 20-0243V (Fed. Cl. Spec. Mstr. May 8, 2023); and Leonard v. Sec’y of Health & Hum. Servs., No. 19-0714 (Fed. Cl. Spec. Mstr. June 8, 2023). I find no reason to deviate from the previously awarded rates. Accordingly, I will reduce the 2023 rates to be consistent with prior determinations. This results in a reduction of $185.20. 3 ATTORNEY COSTS Petitioner requests $3,105.70 in overall costs. ECF No. 46-2. This amount is comprised of obtaining medical records, shipping costs, travel expenses, and the court’s filing fee. I have reviewed the requested costs and find them to be reasonable and shall award them in full. 3 This amount consists of ($457 - $450 = $7 x 1.10 = $7.70) + ($415 - $410 = $5 x 32.50 = $162.50) + (175 - $172 = $3 x 5 = $15.00) = $185.20 3 CONCLUSION 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 $50,320.30 (representing $47,214.60 in fees and $3,105.70 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Michael McLaren. 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. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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. 4