VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02320 Package ID: USCOURTS-cofc-1_21-vv-02320 Petitioner: Debra Peterson Filed: 2021-12-21 Decided: 2023-10-27 Vaccine: influenza Vaccination date: 2019-09-24 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 304580 AI-assisted case summary: Debra Peterson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 24, 2019. She stated that the vaccine was administered in the United States, her injuries lasted more than six months, and she had not received other compensation or filed a civil action for her injuries. The respondent conceded that Ms. Peterson was entitled to compensation, agreeing that her case met the criteria for a Table injury. Specifically, the respondent noted that GBS onset occurred within the Table timeframe of three to forty-two days after a seasonal flu vaccination, with no apparent alternative cause. The respondent also confirmed that Ms. Peterson timely filed her case, received the vaccine in the U.S., and met the severity requirement of suffering residual effects for over six months. On October 24, 2022, a ruling on entitlement was issued, finding Ms. Peterson entitled to compensation. Subsequently, on August 21, 2023, the respondent filed a proffer on award of compensation, recommending a total award of $304,580.20. This amount included $150,500.00 for pain and suffering, $17,471.45 for unreimbursed expenses, and $136,608.75 for lost wages. Ms. Peterson agreed with the proffered award. Based on the record, the Chief Special Master awarded Ms. Peterson a lump sum payment of $304,580.20. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02320-0 Date issued/filed: 2022-12-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/24/2022) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02320-UNJ Document 22 Filed 12/07/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2320V UNPUBLISHED DEBRA PETERSON, Chief Special Master Corcoran Petitioner, Filed: October 24, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 21, 2021, Debra Peterson 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 Guillain-Barré Syndrome (GBS) after receiving an influenza (flu) vaccination on September 24, 2019. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, her vaccine- related injuries lasted for more than six months, and that she has neither received compensation in the form of an award or settlement for her vaccine-related injuries, nor ever filed a civil action for her vaccine-related injuries. Petition at 1-2, 14. 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-02320-UNJ Document 22 Filed 12/07/22 Page 2 of 2 On October 21, 2022, 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 stated that it is his position that petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”), which afford petitioner a presumption of causation if the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination, and there is no apparent alternative cause.” Id. at 7-8. Respondent further agrees that “[P]etitioner timely filed her case, received the flu vaccine in the United States, and satisfied the statutory severity requirement by suffering the residual effects or complications of GBS for more than six months after vaccine administration.” 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-02320-1 Date issued/filed: 2023-10-27 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/22/2023) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02320-UNJ Document 34 Filed 10/27/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2320V DEBRA PETERSON, Chief Special Master Corcoran Petitioner, Filed: August 22, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 21, 2021, Debra Peterson 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 Guillain-Barré Syndrome (GBS) after receiving an influenza (flu) vaccination on September 24, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 24, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On August 21, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $304,580.20, including $150,500.00 for pain and suffering, $17,471.45 for unreimbursed expenses, and $136,608.75 for lost wages. Proffer at 1-2. In the Proffer, Respondent represented that 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-02320-UNJ Document 34 Filed 10/27/23 Page 2 of 5 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 $304,580.20, including $150,500.00 for pain and suffering, $17,471.45 for unreimbursed expenses, and $136,608.75 for lost wages 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-02320-UNJ Document 34 Filed 10/27/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) DEBRA PETERSON, ) ) Petitioner, ) ) No. 21-2320V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On December 21, 2021, Debra Peterson (“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 alleges that as a result of receiving the influenza vaccine on September 24, 2019, she suffered from Guillain-Barre Syndrome (“GBS”). See Petition, ECF No. 1. On October 21, 2022, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 18. On October 24, 2022, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. ECF No. 19. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $304,580.20, for all damages, including $150,500.00 for pain and suffering, 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-02320-UNJ Document 34 Filed 10/27/23 Page 4 of 5 $17,471.45 for unreimbursed expenses, and $136,608.75 for lost wages. 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 be provided to petitioner 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 $304,580.20 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2 Case 1:21-vv-02320-UNJ Document 34 Filed 10/27/23 Page 5 of 5 /s Jamica M. Littles JAMICA M. LITTLES Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 305-4014 Email: jamica.m.littles@usdoj.gov Dated: August 21, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02320-cl-extra-10735265 Date issued/filed: 2024-05-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268675 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2320V DEBRA PETERSON, Chief Special Master Corcoran Petitioner, v. Filed: April 18, 2024 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 21, 2021, Debra Peterson 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 Guillain-Barré syndrome after receiving an influenza vaccine on September 24, 2019. Petition at 1. On August 22, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 30. 1Because 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $45,818.55 (representing $34,336.30 in fees, plus $2,572.55 in costs and $8,910.00 in fees incurred by Petitioner’s prior counsel, William Flahavan). Petitioner’s Final Motion for Attorney Fees and Cost (“Motion”) filed December 20, 2023, ECF No. 35. In accordance with General Order No. 9, Petitioner filed a signed statement indicating that she incurred no out-of-pocket expenses. ECF No. 35 - 7. Respondent reacted to the motion on January 31, 2024, representing 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. 36. Petitioner filed no reply. I have reviewed the billing records submitted with Petitioner’s requests and find a reduction in the amount of fees to be awarded appropriate, for the reason listed below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private 2 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES Petitioner requests compensation for attorney Jeffrey Pop at the rate of $470.00 per hour for time billed from 2020-21, and the rate of $520.00 per hour for work performed between 2022-23; and for attorney Kristina Grigorian, the rate of $325.00 per hour for work performed between 2020-21, and $410.00 per hour for work performed between 2022-23. ECF No. 35 – 2 at 2. These rates have previously been awarded, and I find no cause for reduction. Referring attorney William Flahavan’s requested rate, however, will require adjustment. Mr. Flahavan billed his time at a rate of $450.00 per hour. Although Mr. Flahavan’s requested rate is within the appropriate range for an attorney with his experience, it does not appear that he is licensed to practice in the Court of Federal Claims. An attorney who is not admitted to practice before this Court is not eligible to collect fees at an admitted attorney’s rate for his work. See Underwood v. Sec’y of Health & Human Servs., No. 00-357V, 2013 WL 3157525, (Fed. Cl. Spec. Mstr. May 31, 2013). As such, the time billed by Mr. Flahavan must be compensated at non-attorney rates. I shall reduce his rate to $163.00 per hour, which is in line to that of what a supporting paralegal in the Vaccine Program for time billed in 2020. This results in a reduction of the attorney fees requested in amount of $5,682.60. 3 ATTORNEY COSTS Petitioner requests $2,572.55 in overall costs. ECF No. 35 – 2 at 2. This amount is comprised of obtaining medical records, shipping costs and the Court’s filing fee. I have reviewed the requested costs and find them to be reasonable, and they shall be awarded in full. 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 $40,136.25 (representing $34,336.30 in fees plus $2,572.55 in costs and $3,227.40 in prior attorney fees)4 as a lump sum in 3 This amount consists of $450.00 - $163.00 = $287.00 x 19.80 hrs = $5,682.60. 4 Mr. Pop will disperse funds to Petitioner’s prior counsel William Flahavan. 3 the form of a check jointly payable to Petitioner and Petitioner’s counsel, Jeffrey S. Pop. 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. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 4