VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02345 Package ID: USCOURTS-cofc-1_21-vv-02345 Petitioner: Ouafae Suber Filed: 2021-12-29 Decided: 2024-09-12 Vaccine: influenza Vaccination date: 2021-01-20 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA), high-grade bursa) surface partial-thickness tear of the distal supraspinatus tendon of the left shoulder, left shoulder tear of the posterosuperior labrum, left subacromial/sub-deltoid bursitis, supraspinatus tendinosis of the left shoulder, infraspinatus and subscapularis tendinosis of the left shoulder, ulnar neuropathy and adhesive capsulitis Outcome: compensated Award amount USD: 36000 AI-assisted case summary: Ouafae Suber filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) and other related shoulder injuries as a result of an influenza vaccine received on January 20, 2021. The petition stated that the vaccine was administered in the United States and that she suffered residual effects for more than six months. Respondent denied that petitioner suffered the alleged injuries or that the vaccine caused them. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation as its decision awarding damages. Ouafae Suber was awarded a total of $36,000. This amount included $1,500.00 to reimburse a lien for services rendered by the New York City Human Resources Administration, and $34,500.00 payable directly to the petitioner. These amounts represent compensation for all damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the outcome and award amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02345-0 Date issued/filed: 2024-09-12 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 08/12/2024) regarding 48 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02345-UNJ Document 52 Filed 09/12/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2345V OUAFAE SUBER, Chief Special Master Corcoran Petitioner, Filed: August 12, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 29, 2021, Ouafae Suber 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 a shoulder injury related to vaccine administration (“SIRVA”), in addition to other shoulder injuries,resulting from an influenza vaccine received on January 20, 2021. Petition at 1; Stipulation, filed August 12, 2024, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she suffered residual effects of her injury for morethan six months, and neitherPetitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 30-32; Stipulation at ¶¶ 3-5; Ex. 3 at 469-471. “Respondent denies that petitioner suffered from the injuries alleged; denies that the vaccine caused petitioner’s alleged injuries, or any 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. 2National 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-02345-UNJ Document 52 Filed 09/12/24 Page 2 of 8 other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on August 12, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: a. A lump sum of $1,500.00, which amount represents reimbursement of a lien for services rendered on behalf of Petitioner, in the form of a check payable jointly to Petitioner and: Department of Social Services New York City Human Resources Administration Division of Liens and Recovery P.O. Box 414799 Boston, MA 02241-4799 Petitioner agrees to endorse this check to the Department of Social Services, New York City Human Resources Administration, Division of Liens and Recovery. b. A lump sum of $34,500.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-02345-UNJ Document 52 Filed 09/12/24 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) OUAFA E SUBER, ) ) Petitioner, ) ) No. 21-2345V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEAL TH ) AND HUMAN SERVICES, ) ) Respondent. ) _______________ __ ) STIPULATION The parties hereby stipulate to the following matters: I. Ouafae Suber, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 et seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on or about January 20, 2021. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") within the time period set forth in the Table, as well as a high-grade bursa) surface partial-thickness tear of the distal supraspinatus tendon of the left shoulder, left shoulder tear of the posterosuperior labrum, left subacromial/sub-deltoid bursitis, supraspinatus tendinosis of the left shoulder, infraspinatus and subscapularis tendinosis of the left shoulder, ulnar neuropathy and adhesive capsulitis. She further alleges that she experienced the residual Case 1:21-vv-02345-UNJ Document 52 Filed 09/12/24 Page 4 of 8 effects of these conditions for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. 6. Respondent denies that petitioner suffered from the injuries alleged; denies that the vaccine caused petitioner's alleged injuries, or any other injury; and denies that petitioner's current condition is a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of$1,500.00,1 which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and: Department of Social Services New York City Human Resources Administration Division of Liens and Recovery P.O. Box 414799 Boston, MA 02241-4799. Petitioner agrees to endorse this check to the Department of Social Services, New York City Human Resources Administration, Division of Liens and Recovery. 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Department of Social Services, New York City Human Resources Administration, may have against any individual as a result of any Medicaid payments New York City has made to or on behalf of petitioner as a result of her alleged vaccine-related injury suffered on or about January 20, 2021, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-l 5(g), (h). 2 Case 1:21-vv-02345-UNJ Document 52 Filed 09/12/24 Page 5 of 8 b. A lump sum of $34,500.00 payable to petitioner. These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-l 5(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)(I ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payments made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- l 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for petitioner's benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, 3 Case 1:21-vv-02345-UNJ Document 52 Filed 09/12/24 Page 6 of 8 does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about January 20, 2021, as alleged by petitioner in a petition for vaccine compensation filed December 29, 2021, in the United States Court of Federal Claims as petition No. 21-2345V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. I6 . This Stipulation expresses a full and complete negotiated settlement ofliability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or 4 Case 1:21-vv-02345-UNJ Document 52 Filed 09/12/24 Page 7 of 8 amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or any other injury or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 Case 1:21-vv-02345-UNJ Document 52 Filed 09/12/24 Page 8 of 8 Respectfully submitted, PETITIONER: SUBER ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: i"JJ Jli\fav-- ' ~t£-1 J-M/1----._ BRUCE SLANE The Law Office of Bruce W. Slane, P.C. Deputy Director 188 East Post Road, Suite 205 Torts Branch White Plains, New York 10601 U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETA RY OF HEALTH RESPONDENT: e AND HUMAN SERVICES: ffrey $. Je Digitally signed by Jeffrey ~ oek_____ s S. Beach-$ Bea ( h _ UUY,Q Date: 2024.08.02 11 :34:05 ______ -04·00· for A l:> ~bcoo;t:_ CAPT GEORGE REED GRIMES. MD. MPH J~l-lffER A. SI t;d.11 \~X.\~ Director, Division of Injury 'ttial At lOJ11ey A--SS~-tZ"-""~ µ v-(.cJ-..,.f' Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 30,-218'1 u, L~ "1 b 12' Rockville, MD 20857 j ~ v ctl.e~tS. ~AbcocI.G usdoj ~5ov _ 8--"-=}- ~ f-=-0 i-4--- Dated: _l ........ 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-02345-cl-extra-10734246 Date issued/filed: 2024-09-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267656 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2345V OUAFAE SUBER, Chief Special Master Corcoran Petitioner, Filed: August 12, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 29, 2021, Ouafae Suber 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 a shoulder injury related to vaccine administration (“SIRVA”), in addition to other shoulder injuries, resulting from an influenza vaccine received on January 20, 2021. Petition at 1; Stipulation, filed August 12, 2024, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she suffered residual effects of her injury for more than six months, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 30-32; Stipulation at ¶¶ 3-5; Ex. 3 at 469-471. “Respondent denies that petitioner suffered from the injuries alleged; denies that the vaccine caused petitioner’s alleged injuries, or any 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). other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on August 12, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: a. A lump sum of $1,500.00, which amount represents reimbursement of a lien for services rendered on behalf of Petitioner, in the form of a check payable jointly to Petitioner and: Department of Social Services New York City Human Resources Administration Division of Liens and Recovery P.O. Box 414799 Boston, MA 02241-4799 Petitioner agrees to endorse this check to the Department of Social Services, New York City Human Resources Administration, Division of Liens and Recovery. b. A lump sum of $34,500.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) OUAFAE SUBER, ) ) Petitioner, ) ) No. 21-2345V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) _______________ __ ) STIPULATION The parties hereby stipulate to the following matters: I. Ouafae Suber, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 et seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on or about January 20, 2021. 3. The vaccination was administered within the Un ited States. 4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") within the time period set forth in the Table, as well as a high-grade bursa) surface partial-thickness tear of the distal supraspinatus tendon of the left shoulder, left shoulder tear of the posterosuperior labrum, left subacromial/sub-deltoid bursitis, supraspinatus tendinosis of the left shoulder, infraspinatus and subscapularis tendinosis of the left shoulder, ulnar neuropathy and adhesive capsulitis. She further alleges that she experienced the residual effects of these conditions for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. 6. Respondent denies that petitioner suffered from the injuries alleged; denies that the vaccine caused petitioner's alleged injuries, or any other injury; and denies that petitioner's current condition is a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of$1,500.00, 1 which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and: Department of Social Services New York City Human Resources Administration Division of Liens and Recovery P.O. Box 414799 Boston, MA 02241-4799. Petitioner agrees to endorse this check to the Department of Social Services, New York City Human Resources Administration, Division of Liens and Recovery. 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Department of Social Services, New York City Human Resources Administration, may have against any individual as a result of any Medicaid payments New York City has made to or on behalf of petitioner as a result of her alleged vaccine-related injury suffered on or about January 20, 2021 , under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa- l 5(g), (h). 2 b. A lump sum of $34,500.00 payable to petitioner. These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-l 5(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I(a)(I ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payments made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- l 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for petitioner's benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, 3 does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about January 20, 2021, as alleged by petitioner in a petition for vaccine compensation filed December 29, 2021, in the United States Court of Federal Claims as petition No. 21-2345V. 14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fa ils to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. I6. This Stipulation expresses a full and complete negotiated settlement ofliability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or 4 amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or any other injury or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 Respectfully submitted, PETITIONER: SUBER ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: i"JJ Jli\fav-- BRUCE SLANE ' ~t£-1 J-M/1----._ The Law Office of Bruce W. Slane, P.C. Deputy Director 188 East Post Road, Suite 205 Torts Branch White Plains, New York 10601 U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: e~ oek_____ AND HUMAN SERVICES: Jeffrey $. Digitally signed by Jeffrey S. Beach-$ Bea ( h _s Date: 2024.08.02 11 :34:05 UUY,Q _ __ _ __ -04·00· for CAPT GEORGE REED GRIMES. MD. MPH J~l-lffER A. SI t;d.11 A \~X.\~ l:> ~bcoo;t:_ Director, Division of Injury 'ttial AtlOJ11ey A--SS~-tZ"-""~ µ v-(.cJ-..,.f' Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A u, Tel: (202) 30,-218'1 L~ "1 b 12' Rockville, MD 20857 j~v ctl.e~tS. ~AbcocI.G usdoj ~5ov Dated: _ 8" } _l~........f-=0- i-4--- ---=- 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02345-cl-extra-11086597 Date issued/filed: 2025-06-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10620009 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2345V OUAFAE SUBER, Chief Special Master Corcoran Petitioner, v. Filed: May 21, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 29, 2021, Ouafae Suber 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 a shoulder injury related to vaccine administration in addition to other shoulder injuries, resulting from an influenza vaccine received on January 20, 2021. Petition, ECF No. 1. On August 12, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 48. 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 $43,649.32 (representing $39,630.55 in fees plus $4,018.77 in costs). Application for Fees and Costs (“Motion”) filed February 6, 2025, ECF No. 53. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out-of-pocket expenses. ECF No. 53-3. Respondent reacted to the motion on February 7, 2025, 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. 54. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2024 are reasonable and consistent with our prior determinations, and will therefore be adopted. Petitioner has also requested the hourly rate of $455 for 2025 work performed by attorney Bruce Slane, representing a rate increase of $15 from the previous year. I find the proposed rate to be reasonable and adopt it herein. However, a few of the tasks performed by Mr. Slane in this matter are more properly billed using a paralegal rate. 3 “Tasks that can be completed by a paralegal or a legal assistant should not be billed at an attorney’s rate.” Riggins v. Sec’y of Health & Hum. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009). “[T]he rate at which such work is compensated turns not on who ultimately performed the task but instead turns on the nature of the task performed.” Doe/11 v. Sec’y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425, at *9 (Fed. Cl. Spec. Mstr. Jan. 29, 2010). Although these billing entries are reasonable, they must be charged at a reduced rate comparable to that of a paralegal. Application of the foregoing reduces the amount of fees to be awarded by $2,453.40. 4 3 Entries considered paralegal in nature include drafting and filing basic documents such as an exhibit list, PAR Questionnaire, notice of f iling exhibit list, statement of completion, cover sheet, joint notices not to seek review, f ollowing up with medical records providers, draf ting requests f or medical records or correspondence to medical providers, bate stamping exhibits, and filing medical records and other exhibits. See billing entries dated: 7/27/21 (two entries); 7/27/21 (f our entries); 7/28/21; 7/30/21 (two entries); 9/14/21; 9/20/21; 9/21/21; 9/30/21; 10/4/21; 10/18/21 (two entries); 10/21/21; 10/22/21; 10/27/21 (two entries); 11/2/21; 11/3/21; 11/4/21 (two entries); 11/5/21; 11/10/21; 11/22/21; 12/7/21; 12/8/21; 12/15/21 (f our entries); 12/21/21; 12/22/21 (two entries); 12/29/21; 12/30/21 (two entries); 12/31/21; 7/20/22 (three entries); 8/2/2 (three entries); 8/9/22; 8/16/22; 5/21/24; 8/14/24; 8/16/24; 11/4/24. ECF No. 53-1. 4 This amount consists of ($375 - $172 = $203 x 9.50 hrs.) + ($400 - $177 = $223 x 1.70 hrs.) + ($440 - $197 = $243 x 0.60 hrs.) = $2,453.40. 2 Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 53-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them 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, in part, Petitioner’s Motion for attorney’s fees and costs. I award a total of $41,195.92 (representing $37,177.15 in fees plus $4,018.77 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. 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 f iling a joint notice renouncing their right to seek review. 3