VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01875 Package ID: USCOURTS-cofc-1_21-vv-01875 Petitioner: Joyce Scatchard Filed: 2021-09-20 Decided: 2023-11-01 Vaccine: influenza Vaccination date: 2018-09-20 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 190000 AI-assisted case summary: Joyce Scatchard filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2021. She alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on September 20, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 25, 2023, conceding that Ms. Scatchard is entitled to compensation. The respondent concluded that Ms. Scatchard satisfied the criteria set forth in the Vaccine Injury Table and all statutory and jurisdictional requirements. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 26, 2023, finding Ms. Scatchard entitled to compensation. Subsequently, on November 1, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages. In this decision, the respondent proffered an award of $190,000.00 for pain and suffering, which Ms. Scatchard agreed to. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Chief Special Master Corcoran awarded Ms. Scatchard a lump sum payment of $190,000.00 for pain and suffering, payable by check to Petitioner. Petitioner's counsel was John Robert Howie, Jr. of Howie Law, PC. Respondent's counsel was Katherine Carr Esposito of the U.S. Department of Justice. Theory of causation field: Petitioner Joyce Scatchard alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on September 20, 2018. The respondent conceded entitlement, finding that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and all statutory and jurisdictional requirements. The public text does not specify the mechanism of injury, expert testimony, or detailed medical evidence. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on September 26, 2023. A decision awarding damages was issued by Chief Special Master Corcoran on November 1, 2023, awarding Petitioner a lump sum of $190,000.00 for pain and suffering. Petitioner was represented by John Robert Howie, Jr. of Howie Law, PC, and Respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01875-0 Date issued/filed: 2023-10-31 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/26/2023) regarding 34 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01875-UNJ Document 42 Filed 10/31/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1875V JOYCE SCATCHARD, Chief Special Master Corcoran Petitioner, Filed: September 26, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 20, 2021, Joyce Scatchard 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 Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 20, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 25, 2023, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent has concluded that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table . . . and the Qualifications and Aids to 1 Because this Ruling 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 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 (2018). Case 1:21-vv-01875-UNJ Document 42 Filed 10/31/23 Page 2 of 2 Interpretation.” Id. at 6. Respondent further agrees that Petitioner has satisfied all statutory and jurisdictional requirements. Id. at 7. 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-01875-1 Date issued/filed: 2023-11-01 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/26/2023) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01875-UNJ Document 43 Filed 11/01/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1875V JOYCE SCATCHARD, Chief Special Master Corcoran Petitioner, Filed: September 26, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 20, 2021, Joyce Scatchard 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 Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on September 20, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 26, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On September 25, 2023, Respondent filed a combined Rule 4(c) report and proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded $190,000.00 for pain and suffering. Proffer at 7-8. In the Rule 4/Proffer, Respondent represented that Petitioner agrees with the proffered award. 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). Case 1:21-vv-01875-UNJ Document 43 Filed 11/01/23 Page 2 of 2 Id. at 8. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Rule 4/Proffer. Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum payment of $190,000.00 for 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01875-cl-extra-10736408 Date issued/filed: 2024-01-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269818 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1875V JOYCE SCATCHARD, Chief Special Master Corcoran Petitioner, v. Filed: December 15, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 20, 2021, Joyce Scatchard 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 Guillain-Barré syndrome as a result of an influenza vaccine administered on September 20, 2018. Petition, ECF No. 1. On September 26, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 35. 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 $47,008.05 (representing $46,057.20 in fees plus $950.85 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Oct. 3, 2023, ECF No. 39. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. ECF No. 43-3. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 39-3. Respondent reacted to the motion on Oct. 11, 2023, reporting 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, ECF No. 40. Petitioner filed a reply indicating that she does not intend to file a substantive reply. ECF No. 41. 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. Respondent offered no specific objection to the rates or amounts sought. 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 $47,008.05 (representing $46,057.20 in fees plus $950.85 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, John R. Howie, Jr. 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 f iling a joint notice renouncing their right to seek review. 2