VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02229 Package ID: USCOURTS-cofc-1_21-vv-02229 Petitioner: Shannon Perez Filed: 2021-11-30 Decided: 2023-07-25 Vaccine: influenza Vaccination date: 2019-09-20 Condition: sepsis secondary to left shoulder abscess and cellulitis Outcome: compensated Award amount USD: 56575 AI-assisted case summary: Shannon Perez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered sepsis secondary to a left shoulder abscess and cellulitis resulting from an influenza vaccine she received on September 20, 2019. The respondent conceded that Ms. Perez is entitled to compensation, finding that she developed cellulitis and abscess with sepsis in her left upper extremity, which was more likely than not caused by the flu vaccine administered at that location. No other causes were identified, and Ms. Perez met the statutory requirement for injury duration. The case proceeded as an off-Table claim. On July 25, 2023, a decision awarding damages was issued. Ms. Perez was awarded a total of $56,575.00, which included $50,000.00 for pain and suffering, $6,500.00 for lost wages, and $75.00 for unreimbursed expenses. This award represents compensation for all damages available under the Act. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02229-0 Date issued/filed: 2023-04-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/06/2023) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02229-UNJ Document 28 Filed 04/07/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2229V UNPUBLISHED SHANNON PEREZ, Chief Special Master Corcoran Petitioner, Filed: March 6, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Causation-In-Fact; Influenza (Flu) Vaccine; Cellulitis and Sepsis Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 30, 2021, Shannon Perez 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 sepsis secondary to left shoulder abscess and cellulitis resulting from adverse effects of the influenza (flu) vaccination she received on September 20, 2019. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, her symptoms persisted for more than six months, and neither she, nor any other party, has ever filed any action, or received compensation in the form of an award or settlement for her vaccine-related injury. Petition at 1, 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-02229-UNJ Document 28 Filed 04/07/23 Page 2 of 2 On January 20, 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. Respondent concluded that “[P]etitioner developed cellulitis and abscess with sepsis in her left upper extremity, which was more likely than not caused by administration of a flu vaccine at the same location. No other causes for petitioner’s abscess, cellulitis, and sepsis have been identified . . . . In addition, given the medical records outlined above, [P]etitioner has satisfied the statutory requirement that petitioner’s injury lasted for at least six months, or resulted in ‘inpatient hospitalization and surgical intervention’ as required by 42 U.S.C. § 300aa-11(c)(1)(D)(i),(iii). Therefore, based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 7- 8. Respondent further agrees that “[t]he scope of damages to be awarded is limited to [P]etitioner’s abscess, cellulitis, sepsis, and its related sequelae.” 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-02229-1 Date issued/filed: 2023-07-25 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 06/23/2023) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02229-UNJ Document 37 Filed 07/25/23 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2229V SHANNON PEREZ, Chief Special Master Corcoran Petitioner, Filed: June 23, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 30, 2021, Shannon Perez 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 sepsis secondary to left shoulder abscess and cellulitis resulting from adverse effects of the influenza (flu) vaccination she received on September 20, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 6, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for cellulitis and abscess with sepsis in her left upper extremity. On June 23, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $56,575.00, including $50,000.00 for pain and suffering, $6,500.00 for lost wages, and $75.00 for unreimbursed expenses. Proffer at 1-2. In the 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 (2012). Case 1:21-vv-02229-UNJ Document 37 Filed 07/25/23 Page 2 of 4 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 $56,575.00, including $50,000.00 for pain and suffering, $6,500.00 for lost wages, and $75.00 for 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-02229-UNJ Document 37 Filed 07/25/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) SHANNON PEREZ, ) ) Petitioner, ) ) No. 21-2229V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On November 30, 2021, Shannon Perez (“petitioner”), filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended. She alleged that, as a result of receiving the influenza vaccine on September 20, 2019, she suffered from sepsis secondary to a left shoulder abscess and cellulitis. See Petition. On January 20, 2023, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered left shoulder abscess, cellulitis, and sepsis. On March 6, 2023, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for her left shoulder abscess, cellulitis, and sepsis. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $56,575.00, for all damages, including $50,000.00 representative of pain and 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:21-vv-02229-UNJ Document 37 Filed 07/25/23 Page 4 of 4 suffering, $6,500.00 representative of lost wages, and $75.00 representative of unreimbursed expenses. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award 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 following: A lump sum payment of $56,575.00 in the form of a check payable to petitioner.2 Petitioner agrees. 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/ Kyle E. Pozza_____________ KYLE E. POZZA Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington D.C. 20044-0146 Tel: (202) 616-3661 E-mail: Kyle.Pozza@usdoj.gov Dated: June 23, 2023 2 Should petitioner die prior to entry of judgment, respondent reserve the right to move the Court for appropriate relief. 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02229-cl-extra-10735914 Date issued/filed: 2024-03-15 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269324 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2229V SHANNON PEREZ, Chief Special Master Corcoran Petitioner, v. Filed: February 8, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 30, 2021, Shannon Perez 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 sepsis secondary to left shoulder abscess and cellulitis resulting from adverse effects of the influenza vaccination she received on September 20, 2019. Petition, ECF No. 1. On June 23, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 32. 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 $17,437.34 (representing $15,835.90 in fees plus $1,601.44 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Nov. 13, 2023, ECF No. 38. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred no out-of-pocket expenses. Id. at 2. Respondent reacted to the motion on Nov. 14, 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. 39. Petitioner filed no reply. 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. Motion at 14-23. 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 $17,437.34 (representing $15,835.90 in fees plus $1,601.44 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Laura Levenberg. 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