VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01759 Package ID: USCOURTS-cofc-1_21-vv-01759 Petitioner: Nancy Sorge Filed: 2021-08-25 Decided: 2023-04-10 Vaccine: Tdap Vaccination date: 2018-08-29 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 180250 AI-assisted case summary: Nancy Sorge filed a petition alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on August 29, 2018. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the Tdap vaccine caused her alleged shoulder injury or any other injury or condition, and denied that her current condition is a sequela of a vaccine-related injury. Nevertheless, the parties filed a stipulation recommending an award of compensation. The parties stipulated that Petitioner would receive a lump sum of $140,162.02 payable to her, and a lump sum of $40,088.47 to reimburse a Medicaid lien for services rendered to Petitioner by the State of Connecticut. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The Special Master found the stipulation reasonable and adopted it as the decision of the Court, awarding a total of $180,250.00 in compensation. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01759-0 Date issued/filed: 2023-04-10 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 3/17/2023) regarding 48 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01759-UNJ Document 52 Filed 04/10/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 17, 2023 * * * * * * * * * * * * * * * * * * * NANCY SORGE, * UNPUBLISHED * Petitioner, * No. 21-1759V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Tetanus- AND HUMAN SERVICES, * Diphtheria-Acellular Pertussis (“Tdap”) * Vaccine; Shoulder Injury Related to Vaccine Respondent. * Administration (“SIRVA”). * * * * * * * * * * * * * * * * * * * * Elizabeth Kyla Abramson, Maglio Christopher & Toale, P.A., Washington, DC, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On August 25, 2021, Nancy Sorge (“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on August 29, 2018. Amended Petition at 1, 9 (ECF No. 25). On March 16, 2023, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 47). Respondent denies that Petitioner sustained a SIRVA Table injury; denied that the Tdap vaccine caused her alleged shoulder injury 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2012) (“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. 1 Case 1:21-vv-01759-UNJ Document 52 Filed 04/10/23 Page 2 of 8 or any other injury or condition; and denies that her current condition is a sequela of a vaccine- related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: (1) A lump sum of $140,162.02 in the form of a check payable to Petitioner; and (2) A lump sum of $40,088.47, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Connecticut, in the form of a check payable jointly to Petitioner and the Connecticut Department of Administrative Services: Department of Administrative Services Collections 450 Columbus Boulevard, Suite 1001 Hartford, CT 06103 This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:21-vv-01759-UNJ Document 52 Filed 04/10/23 Page 3 of 8 Case 1:21-vv-01759-UNJ Document 52 Filed 04/10/23 Page 4 of 8 Case 1:21-vv-01759-UNJ Document 52 Filed 04/10/23 Page 5 of 8 Case 1:21-vv-01759-UNJ Document 52 Filed 04/10/23 Page 6 of 8 Case 1:21-vv-01759-UNJ Document 52 Filed 04/10/23 Page 7 of 8 Case 1:21-vv-01759-UNJ Document 52 Filed 04/10/23 Page 8 of 8 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01759-cl-extra-10735701 Date issued/filed: 2024-04-08 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269111 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 14, 2024 * * * * * * * * * * * * * NANCY SORGE, * UNPUBLISHED * Petitioner, * No. 21-1759V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Attorneys’ Fees and Costs. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Danielle Anne Strait, Maglio Christopher & Toale, P.A., Washington, DC, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1 On August 25, 2021, Nancy Sorge (“Petitioner”) filed a petition in the National Vaccine Injury Program 2 alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on August 29, 2018. Amended Petition at 1, 9 (ECF No. 25). On March 17, 2023, the undersigned issued a Decision Based on Stipulation. Decision Based on Stipulation dated Mar. 17, 2023 (ECF No. 48). 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 Injury 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. 1 On July 5, 2023, Petitioner filed an application for attorneys’ fees and costs. Petitioner’s Motion for Payment of Petitioner’s Attorneys’ Fees and Reimbursement of Case Costs (“Pet. Mot.”), filed July 5, 2023 (ECF No. 54). Petitioner requests compensation in the amount of $53,381.03, representing $51,758.00 in attorneys’ fees and $1,623.03 in costs. Id. at 1-2. Pursuant to General Order No. 9, Petitioner warrants that she has not personally incurred any costs in pursuit of her claim for compensation. Id. at 2; Pet. Exhibit (“Ex.”) 25. Respondent filed his response on August 17, 2023, stating he “is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case.” Respondent’s Response to Pet. Mot. (“Resp. Response”), filed Aug. 17, 2023, at 2 (ECF No. 55). Petitioner filed a reply on August 17, 2023, maintaining her request for fees and costs. Pet. Reply to Resp. Response, filed Aug. 17, 2023 (ECF No. 56). The matter is now ripe for disposition. Petitioner requests the following hourly rates for the work of her counsel: for Mr. Altom Maglio, $445.00 per hour for work performed in 2020; for Ms. Danielle Strait, $395.00 per hour for work performed in 2021 and $450.00 per hour for work performed in 2023; for Ms. Diana Stadelnikas, $490.00 per hour for work performed in 2022; and for Ms. Elizabeth Abramson, $225.00 per hour for work performed in 2021, $250.00 per hour for work performed in 2022, and $295.00 per hour for work performed in 2023. Petitioner also requests rates between $155.00 and $180.00 per hour for work of her counsel’s paralegals from 2021 to 2023. The undersigned finds the rates are consistent with what counsel have previously been awarded for their Vaccine Program work, and finds them to be reasonable herein. The undersigned has reviewed the submitted billing entries and finds the total number of hours billed to be reasonable and will award them in full. Lastly, the undersigned has reviewed the requested costs and finds them to be reasonable and supported with appropriate documentation. Accordingly, the full amount of costs shall be awarded. Therefore, the undersigned finds no cause to reduce the requested hours or rates, or the requested costs. The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 15(e). Based on the reasonableness of Petitioner’s request, the undersigned GRANTS Petitioner’s motion for attorneys’ fees and costs. Accordingly, the undersigned awards: A lump sum in the amount of $53,381.03, representing reimbursement for reasonable attorneys’ fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel, mctlaw. Petitioner requests payment be forwarded to mctlaw, 1605 Main Street, Suite 710, Sarasota, Florida, 34236. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with this Decision. 3 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IT IS SO ORDERED. /s/ Nora Beth Dorsey Nora Beth Dorsey Special Master 3