VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02302 Package ID: USCOURTS-cofc-1_21-vv-02302 Petitioner: Daniel Wolin Filed: 2021-12-17 Decided: 2023-10-04 Vaccine: influenza Vaccination date: 2020-11-11 Condition: right axillary neuropathy Outcome: compensated Award amount USD: 82000 AI-assisted case summary: On December 17, 2021, Daniel Wolin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging injury from an influenza vaccine he received on November 11, 2020. Mr. Wolin initially claimed a right shoulder injury related to vaccine administration, known as SIRVA, which is a Table injury. Alternatively, he alleged a causation-in-fact shoulder injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 18, 2023, conceding that Mr. Wolin was entitled to compensation for a right axillary neuropathy, but not for the claimed SIRVA injury. The respondent concluded that the evidence established that the flu vaccine caused-in-fact Mr. Wolin's right axillary nerve injury. Following this concession, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 30, 2023, finding Mr. Wolin entitled to compensation for his right axillary neuropathy as a causation-in-fact injury. Subsequently, on October 4, 2023, a Decision Awarding Damages was issued. The parties had stipulated to an award of $82,000.00 for pain and suffering, representing all damages available under the Act. The award was to be paid as a lump sum check to Mr. Wolin, who is a competent adult. Petitioner was represented by Rhonda Lorenz-Pignato of Shannon Law Group, P.C., and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. Theory of causation field: Daniel Wolin filed a petition alleging injury from an influenza vaccine received on November 11, 2020. He claimed a Table injury (SIRVA) or, in the alternative, a causation-in-fact shoulder injury. The respondent conceded that the flu vaccine caused-in-fact a right axillary neuropathy, but not the claimed SIRVA. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 30, 2023, finding Mr. Wolin entitled to compensation for the right axillary neuropathy as a causation-in-fact injury. A Decision Awarding Damages was issued on October 4, 2023, stipulating an award of $82,000.00 for pain and suffering, representing all damages available under the Act. Petitioner was represented by Rhonda Lorenz-Pignato (Shannon Law Group, P.C.) and respondent by Alexa Roggenkamp (U.S. Department of Justice). The public decision does not detail the specific medical mechanism or name any experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02302-0 Date issued/filed: 2023-10-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/30/2023) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02302-UNJ Document 37 Filed 10/03/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2302V DANIEL WOLIN, Chief Special Master Corcoran Petitioner, Filed: August 30, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Rhonda Lorenz-Pignato, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 17, 2021, Daniel Wolin 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 he suffered a right shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, or in the alternative a causation-in-fact shoulder injury, after receiving an influenza (“flu”) vaccine on November 11, 2020. Petition at 1, ¶¶ 2, 68-69. Petitioner further alleges that he received the vaccine within the United States, that he suffered the residual effects of his injury for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his injury, alleged as vaccine-caused. Petition at ¶¶ 2, 61, 65-66. 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-02302-UNJ Document 37 Filed 10/03/23 Page 2 of 2 On August 18, 2023, Respondent filed his Rule 4(c) Report in which he concedes that Petitioner is entitled to compensation for his right axillary neuropathy, but not his alleged Table SIRVA injury. Respondent’s Rule 4(c) Report at 1, 1 n.1, 7 n.2, ECF No. 28. Specifically, Respondent “has determined that [P]etitioner’s condition is consistent with a right axillary nerve injury . . . and has concluded that a preponderance of the medical evidence establishes that [P]etitioner’s right axillary nerve injury was caused-in- fact by the flu vaccine he received on November 11, 2020.” Id. at 7. To discuss the matter further, a call was scheduled in this case for September 12, 2023. During email communications, the parties informed me that Petitioner had no objection to my issuance of a ruling finding him entitled to compensation based upon a causation-in-fact injury – right axillary neuropathy. See Informal Remark, dated Aug. 30, 2023. They also informed me that they had agreed upon the appropriate amount of damages. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation for his right axillary neuropathy, a causation- in-fact injury. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-02302-1 Date issued/filed: 2023-10-04 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/31/2023) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02302-UNJ Document 39 Filed 10/04/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2302V DANIEL WOLIN, Chief Special Master Corcoran Petitioner, Filed: August 31, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Rhonda Lorenz-Pignato, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 17, 2021, Daniel Wolin 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 he suffered a right shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, or in the alternative a causation-in-fact shoulder injury, after receiving an influenza (“flu”) vaccine on November 11, 2020. Petition at 1, ¶¶ 2, 68-69. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 30, 2023, I issued a ruling on entitlement, finding Petitioner entitled to compensation for his right axillary neuropathy, a non-Table or caused-in-fact injury. On August 30, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $82,000.00, representing compensation for his 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-02302-UNJ Document 39 Filed 10/04/23 Page 2 of 5 actual pain and suffering. 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 $82,000.00, representing compensation for his actual pain and suffering 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-02302-UNJ Document 39 Filed 10/04/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DANIEL WOLIN, Petitioner, No. 21-2302V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 17, 2021, Daniel Wolin (“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 he suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on November 11, 2020, and alleged, in the alternative, that the flu vaccine caused-in-fact his right shoulder condition. Petition at 1, 28. On August 18, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation as petitioner’s flu vaccination caused a right axillary neuropathy injury.1 ECF No. 28. On August 30, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 29. 1 In the same pleading, respondent stated that petitioner is not entitled to compensation for his claimed right SIRVA. Accordingly, this proffer of damages does not include compensation for petitioner’s claimed right SIRVA. Case 1:21-vv-02302-UNJ Document 39 Filed 10/04/23 Page 4 of 5 I. Items of Compensation Pain and Suffering Respondent proffers that Daniel Wolin should be awarded $82,000.00 in actual pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amounts represent all elements of compensation to which petitioner would be 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 be made as a lump sum payment of $82,000.00, in the form of a check payable to petitioner.2 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 COLLEEN C. HARTLEY 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-02302-UNJ Document 39 Filed 10/04/23 Page 5 of 5 /s/ Alexa Roggenkamp ALEXA ROGGENKAMP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-4179 alexa.roggenkamp@usdoj.gov DATED: August 30, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02302-cl-extra-10736402 Date issued/filed: 2024-01-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269812 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2302V DANIEL WOLIN, Chief Special Master Corcoran Petitioner, v. Filed: December 15, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Rhonda Lorenz-Pignato, Shannon Law Group, P.C., Woodridge, IL,, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 17, 2021, Daniel Wolin 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 he suffered a right shoulder injury related to vaccine administration a defined Table injury, or in the alternative a causation-in-fact shoulder injury, after receiving an influenza vaccine on November 11, 2020. Petition, ECF No. 1. On August 31, 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 $65,114.95 (representing $63,693.90 in fees plus $1,421.05 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Oct. 3, 2023, ECF No. 38. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred no out-of-pocket expenses. ECF No. 36. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 38-4. Respondent reacted to the motion on Oct. 12, 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. 40. Petitioner filed a reply requesting fees and costs as indicated in the Motion. ECF No. 41. 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. 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 $65,114.95 (representing $63,693.90 in fees plus $1,421.05 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Shannon Law Group, P.C. 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