VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01928 Package ID: USCOURTS-cofc-1_21-vv-01928 Petitioner: Rebecca Egan Filed: 2021-09-29 Decided: 2023-12-11 Vaccine: influenza Vaccination date: 2018-10-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Rebecca Egan filed a petition for compensation under the National Vaccine Injury Compensation Program on September 29, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 23, 2023, conceding that Ms. Egan's injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. On August 25, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Egan entitled to compensation. Subsequently, on November 6, 2023, the respondent filed a proffer recommending an award of $100,000.00 for pain and suffering, representing all elements of compensation available under the Act. Ms. Egan agreed with this proffered award. On November 9, 2023, Chief Special Master Corcoran issued a decision awarding Rebecca Egan a lump sum payment of $100,000.00, payable by check to Ms. Egan. Petitioner's counsel was Brynna Gang of Kraus Law Group, LLC, and respondent's counsel was Rachelle Bishop of the U.S. Department of Justice. Theory of causation field: Petitioner Rebecca Egan alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 6, 2018. The respondent conceded that the injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. The case was decided based on this concession, without detailed discussion of medical experts or specific causation mechanisms beyond the Table definition. A ruling on entitlement was issued on August 25, 2023, by Chief Special Master Brian H. Corcoran. Subsequently, a stipulation and proffer were filed on November 6, 2023, by respondent's counsel Rachelle Bishop, recommending an award of $100,000.00 for pain and suffering, which petitioner's counsel Brynna Gang agreed to. Chief Special Master Corcoran issued a final decision on November 9, 2023, awarding a lump sum of $100,000.00 to Ms. Egan. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01928-0 Date issued/filed: 2023-09-25 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/25/2023) regarding 33 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01928-UNJ Document 36 Filed 09/25/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1928V REBECCA EGAN, Chief Special Master Corcoran Petitioner, Filed: August 25, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 29, 2021, Rebecca Egan 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 administered on October 6, 2018. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no award or compensation for her alleged injury. Petition at 1, 6-7. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01928-UNJ Document 36 Filed 09/25/23 Page 2 of 2 On August 23, 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’s injury is consistent with a SIRVA as defined by the Vaccine Injury Table. Id. at 5. Respondent further agrees that that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 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-01928-1 Date issued/filed: 2023-12-11 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 11/09/2023) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01928-UNJ Document 44 Filed 12/11/23 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1928V REBECCA EGAN, Chief Special Master Corcoran Petitioner, Filed: November 9, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 29, 2021, Rebecca Egan 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”) following the administration of an influenza vaccine on October 6, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On November 6, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $100,000.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered 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-01928-UNJ Document 44 Filed 12/11/23 Page 2 of 4 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 $100,00.00 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-01928-UNJ Document 44 Filed 12/11/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) REBECCA EGAN, ) ) Petitioner, ) No. 21-1928V (ECF) ) Chief Special Master Brian H. Corcoran v. ) ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 29, 2021, Rebecca Egan (“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”) as defined in the Vaccine Injury Table, following administration of an influenza vaccination that she received on October 6, 2018. Petition at 1. On August 23, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF No. 32. On August 25, 2023, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 33. I. Items of Compensation Based on the evidence of record, respondent proffers that petitioner should be awarded $100,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). 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-01928-UNJ Document 44 Filed 12/11/23 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 as described below and requests that the Court’s decision and judgment award the following: a lump sum payment of $100,000.00, in the form of a check payable to petitioner.1 III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Rebecca Egan: $100,000.00 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /s/ Rachelle P. Bishop RACHELLE P. BISHOP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-3662 DATED: November 6, 2023 Rachelle.P.Bishop@usdoj.gov 1 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01928-cl-extra-10736783 Date issued/filed: 2023-12-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270193 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1928V REBECCA EGAN, Chief Special Master Corcoran Petitioner, Filed: November 9, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On September 29, 2021, Rebecca Egan 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”) following the administration of an influenza vaccine on October 6, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On November 6, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $100,000.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered 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). 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 $100,00.00 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) REBECCA EGAN, ) ) Petitioner, ) No. 21-1928V (ECF) ) Chief Special Master Brian H. Corcoran v. ) ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 29, 2021, Rebecca Egan (“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”) as defined in the Vaccine Injury Table, following administration of an influenza vaccination that she received on October 6, 2018. Petition at 1. On August 23, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF No. 32. On August 25, 2023, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 33. I. Items of Compensation Based on the evidence of record, respondent proffers that petitioner should be awarded $100,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 Court’s decision and judgment award the following: a lump sum payment of $100,000.00, in the form of a check payable to petitioner.1 III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Rebecca Egan: $100,000.00 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /s/ Rachelle P. Bishop RACHELLE P. BISHOP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-3662 DATED: November 6, 2023 Rachelle.P.Bishop@usdoj.gov 1 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_21-vv-01928-cl-extra-10735355 Date issued/filed: 2024-05-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268765 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1928V REBECCA EGAN, Chief Special Master Corcoran Petitioner, v. Filed: April 10, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 29, 2021, Rebecca Egan 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 following the administration of an influenza vaccine on October 6, 2018. Petition, ECF No. 1. On November 9, 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 $25,200.94 (representing $24,657.20 in fees plus $543.74 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Feb. 13, 2024, ECF No. 45. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. Id. at 1. Respondent reacted to the motion on Mar. 6 2024, 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. 46. Petitioner did not file a reply thereafter. The rates requested for work performed through the end of 2023 are reasonable and consistent with our prior determinations and will therefore be adopted. Petitioner has also requested the hourly rate of $412 for 2024 work performed by attorney Brynna Gang, representing a rate increase of $22; the hourly rate of $525 for 2024 work performed by attorney Edward Kraus, representing a rate increase of $28; and the hourly rate of $175 for paralegal work performed in 2024; Motion at 15. I find these rates reasonable and shall award the attorney’s fees requested. Lastly, Petitioner has provided supporting documentation for all claimed costs. Motion at 24-44. 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 $25,200.94 (representing $24,657.20 in fees plus $543.74 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Brynna Gang. 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