VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01915 Package ID: USCOURTS-cofc-1_21-vv-01915 Petitioner: Miles Levine Filed: 2021-09-27 Decided: 2023-04-24 Vaccine: meningitis Vaccination date: 2020-11-11 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 58314 AI-assisted case summary: On September 27, 2021, Anna Howle, mother and natural guardian of Miles Levine, initially a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Miles Levine suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a meningitis vaccine administered on November 11, 2020. The case caption was later amended to reflect that Miles Levine had reached the age of majority on July 16, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 12, 2023, conceding that the petitioner was entitled to compensation. The respondent agreed that the injury met the criteria for SIRVA on the Vaccine Injury Table and that the petitioner satisfied the legal prerequisites for compensation. On January 17, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioner entitled to compensation. Subsequently, on March 20, 2023, the respondent filed a proffer on the award of compensation. The proffer indicated that the petitioner should be awarded $58,314.63, comprising $55,000.00 for pain and suffering and $3,314.63 for unreimbursed expenses. The petitioner agreed with this proffered award. On April 24, 2023, Chief Special Master Brian H. Corcoran issued a decision awarding the petitioner a lump sum payment of $58,314.63, payable to Miles Levine, representing compensation for all damages. The decision noted that the petitioner was a competent adult and did not require evidence of guardianship. The attorneys involved were Leah VaSahnja Durant for the petitioner and Julia Marter Collison for the respondent. Theory of causation field: Petitioner Miles Levine, vaccinated on November 11, 2020, with a meningitis vaccine, alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, agreeing that the injury met the criteria for SIRVA on the Vaccine Injury Table. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on January 17, 2023, and a Decision Awarding Damages on April 24, 2023. The award was a lump sum of $58,314.63, consisting of $55,000.00 for pain and suffering and $3,314.63 for unreimbursed expenses, agreed upon by both parties. Petitioner was represented by Leah VaSahnja Durant and respondent by Julia Marter Collison. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01915-0 Date issued/filed: 2023-02-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/17/2023) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01915-UNJ Document 29 Filed 02/16/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1915V UNPUBLISHED MILES LEVINE, Chief Special Master Corcoran Petitioner, Filed: January 17, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Meningitis Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 27, 2021, Anna Howle, mother and natural guardian of minor child, M.L.L., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On October 12, 2022, the Court granted Ms. Howle’s motion to substitute the nae of her sone, Miles Levine (“Petitioner”), on the case caption given that Petitioner had reached the age of majority on July 16, 2021. alleges that he suffered a left-sided injury related to vaccine administration (“SIRVA”) as a result of a meningitis vaccine administered on November 11, 2020.. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that Petitioner suffered the residual effects of his injury for more than six months, and that there has been no compensation in the form of an award or 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-01915-UNJ Document 29 Filed 02/16/23 Page 2 of 2 settlement for Petitioner’s vaccine-related injury. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 12, 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 Petitioner has satisfied the criteria set forth in the Vaccine Injury table and the Qualifications and Aids to Interpretation for a SIRVA. Id. at 4. Respondent further agrees that Petitioner has satisfied the legal prerequisites for compensation. 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-01915-1 Date issued/filed: 2023-04-24 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/23/2023) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01915-UNJ Document 36 Filed 04/24/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1915V UNPUBLISHED MILES LEVINE, Chief Special Master Corcoran Petitioner, Filed: March 23, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Meningitis; Shoulder Injury Related to Vaccine Administration (SIRVA) Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 27, 2021, Anna Howle, mother and natural guardian of minor child, M.L.L., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On October 12, 2022, the Court granted Ms. Howle’s motion to substitute the name of her son, Miles Levine (“Petitioner”), on the case caption given that Petitioner had reached the age of majority on July 16, 2021. ECF No. 21. Petitioner alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of a meningitis vaccine administered on November 11, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01915-UNJ Document 36 Filed 04/24/23 Page 2 of 5 On January 17, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 20, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $58,314.63 (comprised of $55,000.00 for pain and suffering and $3,314.63 in unreimbursed expenses). Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with 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 $58,314.63 (comprised of $55,000.00 in pain and suffering, and $3,314.63 in unreimbursed expenses) 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-01915-UNJ Document 36 Filed 04/24/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MILES LEVINE, Petitioner, No. 21-1915V Chief Special Master Corcoran v. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 27, 2021, Miles Levine (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 34 (“Vaccine Act” or “Act”), as amended.1 Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of a meningitis vaccine administered to him on November 11, 2020. On January 12, 2023, respondent filed his Vaccine Rule 4(c) report, recommending that compensation be awarded. ECF No. 26. On January 17, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 27. I. Items of Compensation Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering damages, and $3,314.63.00 in unreimbursed expenses. See 42 U.S.C. § 300aa-15(a). Petitioner agrees. 1 Petitioner’s mother, Anna Howle, initially brought this claim on petitioner’s behalf, and the case-caption was amended on October 12, 2022. Case 1:21-vv-01915-UNJ Document 36 Filed 04/24/23 Page 4 of 5 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 as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following2: a lump sum payment of $58,314.63, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, Miles Levine. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Miles Levine $58,314.63 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 2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:21-vv-01915-UNJ Document 36 Filed 04/24/23 Page 5 of 5 /s/ Julia M. Collison JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102 Julia.collison@usdoj.gov Dated: March 20, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01915-cl-extra-10736530 Date issued/filed: 2024-01-08 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269940 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1915V MILES LEVINE, Chief Special Master Corcoran Petitioner, v. Filed: December 7, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 27, 2021, Anna Howle, mother and natural guardian of minor child, M.L.L., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). On October 12, 2022, the Court granted Ms. Howle’s motion to substitute the name of her son, Miles Levine (“Petitioner”), on the case caption given that Petitioner had reached the age of majority on July 16, 2021. ECF No. 21. Petitioner alleged that he suffered a shoulder injury related to vaccine administration as a result of a meningitis vaccine administered on November 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). 11, 2020. Petition, ECF No. 1. On March 23, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 32. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $23,942.24 (representing $23,006.00 in fees plus $936.24 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Sept. 24, 2023, ECF No. 37. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. Id. at 2. Respondent reacted to the motion on Sept. 25, 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. 38. On Sept. 26, 2023, Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 39. 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. 37-2. 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 $23,942.24 (representing $23,006.00 in fees plus $936.24 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Leah V. Durant. 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