VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02246 Package ID: USCOURTS-cofc-1_21-vv-02246 Petitioner: Martha Buck Filed: 2021-12-01 Decided: 2024-12-03 Vaccine: influenza Vaccination date: 2018-12-05 Condition: Bell's palsy Outcome: compensated Award amount USD: 32500 AI-assisted case summary: On December 1, 2021, Martha Buck filed a petition under the National Vaccine Injury Compensation Program alleging that a influenza vaccination administered on December 5, 2018 caused Bell's palsy. Respondent denied that the petitioner sustained the alleged Table injury, denied vaccine causation, and denied that the current condition was a sequela of a vaccine-related injury. The public stipulation materials do not describe the first symptom, onset interval, medical examinations, diagnostic testing, treatment course, or day-to-day limitations. The parties resolved the case by joint stipulation. On December 3, 2024, Special Master Daniel T. Horner found the stipulation reasonable and awarded $32,500.00 as a lump sum payable to her as compensation for all damages available under the Vaccine Act. Theory of causation field: Adult petitioner; influenza vaccine December 5, 2018; alleged Bell's palsy. COMPENSATED by stipulation. Respondent denied causation and sequelae. Public text lacks facial palsy onset, treatment, and recovery details. Award $32,500.00 lump sum. SM Horner December 3, 2024. Petition filed December 1, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02246-0 Date issued/filed: 2024-12-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/3/2024) regarding 59 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (aevw) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02246-UNJ Document 63 Filed 12/30/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 3, 2024 * * * * * * * * * * * * * * * MARTHA BUCK, * * Petitioner, * No. 21-2246V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Bell’s Palsy. * * Respondent. * * * * * * * * * * * * * * * * * Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On December 1, 2021, Martha Buck (“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that she suffered Bell’s Palsy as a result of an influenza (“flu”) vaccine she received on December 5, 2018. Petition at Preamble (ECF No. 1). On December 3, 2024, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 58). Respondent denies that the flu vaccine 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:21-vv-02246-UNJ Document 63 Filed 12/30/24 Page 2 of 7 caused Petitioner to suffer from Bell's palsy or any other injury, and denies that her current condition is a sequelae of a vaccine-related injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: (1) A lump sum of $32,500.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:21-vv-02246-UNJ Document 63 Filed 12/30/24 Page 3 of 7 Case 1:21-vv-02246-UNJ Document 63 Filed 12/30/24 Page 4 of 7 Case 1:21-vv-02246-UNJ Document 63 Filed 12/30/24 Page 5 of 7 Case 1:21-vv-02246-UNJ Document 63 Filed 12/30/24 Page 6 of 7 Case 1:21-vv-02246-UNJ Document 63 Filed 12/30/24 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-02246-cl-extra-11134477 Date issued/filed: 2025-09-08 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10667890 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 14, 2025 * * * * * * * * * * * * * MARTHA BUCK, * UNPUBLISHED * Petitioner, * No. 21-2246V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Attorneys’ Fees and Costs. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING ATTORNEYS’ FEES AND COSTS 1 On December 1, 2021, Martha Buck (“Petitioner”) filed a petition in the National Vaccine Injury Program 2 alleging that she suffered Bell’s Palsy as a result of an influenza (“flu”) vaccine she received on December 5, 2018. Petition at Preamble (ECF No. 1). A decision based on stipulation issued on December 3, 2024. Decision Based on Stipulation dated Dec. 3, 2024 (ECF No. 59). 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 On April 22, 2025, Petitioner filed an application for attorneys’ fees and costs. Petitioner’s Application for Attorneys’ Fees and Costs (“Pet. App.”), filed Apr. 22, 2025 (ECF No. 64). Petitioner requests compensation in the amount of $57,523.55, representing $41,161.30 in attorneys’ fees and $16,362.25 in costs. Id. at 1. Petitioner warrants that she has not personally incurred any costs in pursuit of her claim for compensation. Id. at 1-2. Respondent filed his response on April 28, 2025, stating he “is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case.” Respondent’s Response to Pet. App. (“Resp. Response”), filed Apr. 28, 2025, at 2 (ECF No. 65). Petitioner filed a reply on May 19, 2025, reiterating her request. Pet. Reply to Resp. Response, filed May 19, 2025 (ECF No. 66). The matter is now ripe for disposition. Petitioner requests the following hourly rates for the work of her counsel: for Ms. Leah Durant, $380.00 per hour for work performed in 2019, $395.00 per hour for work performed in 2020, $420.00 per hour for work performed in 2021, $441.00 per hour for work performed in 2022, $463.00 per hour for work performed in 2023, $486.00 per hour for work performed in 2024, and $550.00 per hour for work performed in 2025; for Mr. Richard Armada, $400.00 per hour for work performed in 2021, $420.00 per hour for work performed in 2022, $441.00 per hour for work performed in 2023, and $463.00 per hour for work performed in 2024; and for Mr. Mike Milmoe, $525.00 per hour for work performed in 2022 and $553.00 per hour for work performed in 2023. Petitioner also requests the following rates for work of their counsel’s paralegals: $160.00 per hour for work performed in 2020, $165.00 per hour for work performed in 2021, $173.00 per hour for work performed in 2022, $181.00 per hour for work performed in 2023, $190.00 per hour for work performed in 2024, and $203.00 per hour for work performed in 2025. The undersigned finds the rates are largely consistent with what counsel have previously been awarded for their Vaccine Program work. However, a small reduction is required for Ms. Durant’s 2025 rate, which was previously been awarded as $530.00. This results in a reduction of $70.00. 3 The undersigned has reviewed the submitted billing entries and finds the total number of hours billed to be reasonable and will award them in full. 4 Lastly, the undersigned has reviewed the requested costs and finds them to be reasonable and supported with appropriate documentation. Accordingly, the full amount of costs shall be awarded. Therefore, the undersigned finds no cause to reduce the requested hours or rates, or the requested costs. 3 ($550.00 - $530.00) x 3.5 hours = $70.00. 4 The undersigned will not deduct Petitioner’s fees request for billing entries for noncompensable tasks because she finds the overall amount requested reasonable. However, counsel is again warned against billing for filing documents in the future. The undersigned may deduct for this in the future. 2 The Vaccine Act permits an award of reasonable attorneys’ fees and costs. § 15(e). Based on the reasonableness of Petitioner’s request, the undersigned GRANTS IN PART Petitioner’s motion for attorneys’ fees and costs. Accordingly, the undersigned awards: Petitioner is awarded attorneys’ fees and costs in the total amount of $57,453.55, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with this Decision. 5 IT IS SO ORDERED. /s/ Nora Beth Dorsey Nora Beth Dorsey Special Master 5 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 3