VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02137 Package ID: USCOURTS-cofc-1_21-vv-02137 Petitioner: Angelina M. Lombardo Filed: 2021-11-05 Decided: 2023-08-02 Vaccine: Tdap Vaccination date: 2019-04-16 Condition: infected inflammatory granulomatous lesion and abscess Outcome: compensated Award amount USD: 46820 AI-assisted case summary: Angelina Lombardo filed a petition for compensation under the National Vaccine Injury Compensation Program on November 5, 2021. She alleged that she developed an infected inflammatory granulomatous lesion, abscess, and scar as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on April 16, 2019. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, concluding that Ms. Lombardo's condition was more likely than not caused by the Tdap vaccine. A ruling on entitlement was issued on May 9, 2023, finding her eligible for compensation. Subsequently, on August 2, 2023, a decision awarding damages was issued. The parties stipulated to an award of $45,000.00 for pain and suffering and $1,820.23 to satisfy a New York State Medicaid lien, totaling $46,820.23. Ms. Lombardo is a competent adult, and the award covers all damages available under the Vaccine Act. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02137-0 Date issued/filed: 2023-06-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/09/2023) regarding 32 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02137-UNJ Document 35 Filed 06/09/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2137V UNPUBLISHED ANGELINA M. LOMBARDO, Chief Special Master Corcoran Petitioner, Filed: May 9, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Causation-In-Fact; Tetanus Diphtheria acellular Pertussis (Tdap) Respondent. Vaccine Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 5, 2021, Angelina M. Lombardo 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 developed an infected inflammatory granulomatous lesion and abscess as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine that she received in her left deltoid on April 16, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 26, 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 developed an inflammatory 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-02137-UNJ Document 35 Filed 06/09/23 Page 2 of 2 granulomatous lesion and residual scar on her left upper extremity, which were more likely than not caused by administration of the Tdap vaccine.” Id. at 3-4. 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-02137-1 Date issued/filed: 2023-08-02 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 06/28/2023) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02137-UNJ Document 42 Filed 08/02/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2137V ANGELINA M. LOMBARDO, Chief Special Master Corcoran Petitioner, Filed: June 28, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 5, 2021, Angelina M. Lombardo 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 developed an infected inflammatory granulomatous lesion, abscess, and scar as a result of a tetanus-diphtheria-acellular pertussis vaccine she received on April 16, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 9, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her injury. On June 27, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded (A) a lump sum payment of $45,000.00 for pain and suffering and (B) $1,820.23, which amount represents compensation for satisfaction of the State of New York Medicaid Lien. Proffer at 1-2. In 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-02137-UNJ Document 42 Filed 08/02/23 Page 2 of 5 the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 2. 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 the following compensation: 1. A lump sum payment of $45,000.00 in the form of a check payable to Petitioner; and 2. A lump sum payment of $1,820.23, representing compensation for satisfaction of the State of New York Medicaid lien, in the form of a check payable jointly to Petitioner and: New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Recovery Case: 258770 Petitioner agrees to endorse the check to the New York State Department of Health for satisfaction of the Medicaid lien. These amounts represent 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-02137-UNJ Document 42 Filed 08/02/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ANGELINA M. LOMBARDO, Petitioner, v. No. 21-2137V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 5, 2021, petitioner, Angelina Lombardo, filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging that she developed an infected inflammatory granulomatous lesion, abscess, and scar as a result of tetanus-diphtheria-acellular pertussis vaccine she received in her left deltoid on April 16, 2019. Petition at 1. On April 26, 2023, respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report, indicating that this case is appropriate for compensation under the terms of the Vaccine Act, and on May 9, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 31, 32. I. Items of Compensation a. Pain and Suffering Based on the record evidence, respondent proffers that petitioner should be awarded a lump sum of $45,000.00 for pain and suffering, in the form of a check payable to petitioner. Petitioner agrees. Case 1:21-vv-02137-UNJ Document 42 Filed 08/02/23 Page 4 of 5 b. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of New York Medicaid lien in the amount of $1,820.23, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of New York may have against any individual as a result of any Medicaid payments the State of New York has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about on April 16, 2019, under Title XIX of the Social Security Act. 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 The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 A. A lump sum payment of $45,000.00 in the form of a check payable to petitioner; and B. A lump sum payment of $1,820.23, representing compensation for satisfaction of the State of New York Medicaid lien, in the form of a check payable jointly to petitioner and: New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Recovery Case: 258770 Petitioner agrees to endorse the check to the New York State Department of Health for satisfaction of the Medicaid lien. 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 medical expenses, future pain and suffering, and future lost wages. 2 Case 1:21-vv-02137-UNJ Document 42 Filed 08/02/23 Page 5 of 5 Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 TRACI R. PATTON Assistant Director Torts Branch, Civil Division /s/ NINA Y. REN NINA Y. REN Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington D.C. 20044-0146 (202) 451-7499 Nina.Ren@usdoj.gov DATED: June 27, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02137-cl-extra-10736961 Date issued/filed: 2023-11-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270371 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2137V ANGELINA M. LOMBARDO, Chief Special Master Corcoran Petitioner, v. Filed: October 20, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Matthew F. Belanger, Faraci Lange LLP, Rochester, NY, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 5, 2021, Angelina M. Lombardo 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 developed an infected inflammatory granulomatous lesion, abscess, and scar as a result of a tetanus-diphtheria-acellu lar pertussis vaccine she received on April 16, 2019. Petition, ECF No. 1. On June 28, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 38. 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 $18,362.51 (representing $17,785.50 in fees and $577.01 in costs). Petitioner’s Application for Attorney’s Fees and Costs (“Motion”) filed Aug. 18, 2023, ECF No. 43. In accordance with General Order No. 9, Petitioner represents that Petitioner incurred no out-of-pocket expenses. ECF No. 43-3. Respondent reacted to the motion on Aug. 18, 2023, indicating 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. 44. Petitioner did not file a reply thereafter. 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. 43-4. 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 $18,362.51 (representing $17,785.50 in fees and $577.01 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Matthew F. Belanger. 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