VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01096 Package ID: USCOURTS-cofc-1_22-vv-01096 Petitioner: Ashley MacAlister Filed: 2022-08-25 Decided: 2024-01-19 Vaccine: tetanus Vaccination date: 2021-09-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 90129 AI-assisted case summary: Ashley MacAlister filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus vaccination received on September 17, 2021. The respondent, the Secretary of Health and Human Services, conceded that Ms. MacAlister is entitled to compensation. The respondent found that her injury was consistent with SIRVA, noting she had no prior history of shoulder pain, the pain occurred within 48 hours of the vaccination, it was limited to the injection site, and no other condition explained the pain. Furthermore, the respondent agreed that Ms. MacAlister suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. MacAlister entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $85,000.00 for pain and suffering and $5,129.83 to satisfy a State of Montana Medicaid lien. Ms. MacAlister agreed with the proffered award. The court awarded a total of $90,129.83, comprising a lump sum payment for pain and suffering and a payment to satisfy the Medicaid lien. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01096-0 Date issued/filed: 2024-01-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/18/2023) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01096-UNJ Document 27 Filed 01/18/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1096V ASHLEY MACALISTER, Chief Special Master Corcoran Petitioner, Filed: December 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 25, 2022, Ashley MacAlister 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) resulting from a tetanus vaccination she received on September 17, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 11, 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 found that “that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Specifically, Respondent 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:22-vv-01096-UNJ Document 27 Filed 01/18/24 Page 2 of 2 determined that “[P]etitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain [P]etitioner’s shoulder pain. Id. Respondent further agrees that “[P]etitioner suffered the residual effects of her condition for more than six months.” 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_22-vv-01096-1 Date issued/filed: 2024-01-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/18/2023) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01096-UNJ Document 28 Filed 01/19/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1096V ASHLEY MACALISTER, Chief Special Master Corcoran Petitioner, Filed: December 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 25, 2022, Ashley MacAlister 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) resulting from a tetanus vaccination she received on September 17, 2021. Petition at 1. The case was assigned to the Special Processing Unit (SPU) of the Office of Special Masters. On December 11, 2023, Respondent filed a combined Rule 4(c) report and proffer on award of compensation (“Proffer”). On December 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. In the Proffer, Respondent indicated that Petitioner should be awarded $85,000.00 in pain and suffering. Proffer at 10. Respondent also proffers that Petitioner should be awarded funds to satisfy the State of Montana Medicaid lien in the amount of $5,129.83. Id. at 2. In the Proffer, 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:22-vv-01096-UNJ Document 28 Filed 01/19/24 Page 2 of 2 Respondent represented that Petitioner agrees with the proffered award. Id. at 1-2. 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 Proffer, I award Petitioner the following compensation: 1. A lump sum payment of $85,000.00 in the form of a check payable to Petitioner, Ashley MacAlister. 2. A lump sum payment of $5,129.83, representing compensation for satisfaction of a State of Montana Medicaid lien, payable jointly to Petitioner and the Montana Department of Health and Human Services, and mailed to: DPHHS Montana Medicaid P.O. Box 202953 Helena, MT 59620 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01096-cl-extra-10736420 Date issued/filed: 2024-01-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269830 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1096V ASHLEY MACALISTER, Chief Special Master Corcoran Petitioner, Filed: December 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 25, 2022, Ashley MacAlister 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) resulting from a tetanus vaccination she received on September 17, 2021. Petition at 1. The case was assigned to the Special Processing Unit (SPU) of the Office of Special Masters. On December 11, 2023, Respondent filed a combined Rule 4(c) report and proffer on award of compensation (“Proffer”). On December 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. In the Proffer, Respondent indicated that Petitioner should be awarded $85,000.00 in pain and suffering. Proffer at 10. Respondent also proffers that Petitioner should be awarded funds to satisfy the State of Montana Medicaid lien in the amount of $5,129.83. Id. at 2. In the Proffer, 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Respondent represented that Petitioner agrees with the proffered award. Id. at 1-2. 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 Proffer, I award Petitioner the following compensation: 1. A lump sum payment of $85,000.00 in the form of a check payable to Petitioner, Ashley MacAlister. 2. A lump sum payment of $5,129.83, representing compensation for satisfaction of a State of Montana Medicaid lien, payable jointly to Petitioner and the Montana Department of Health and Human Services, and mailed to: DPHHS Montana Medicaid P.O. Box 202953 Helena, MT 59620 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 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_22-vv-01096-cl-extra-10735620 Date issued/filed: 2024-04-15 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269030 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1096V ASHLEY MACALISTER, Chief Special Master Corcoran Petitioner, v. Filed: March 15, 2024 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs Respondent. Jonathan Joseph Svitak, Shannon Law Group, PC, Woodridge, IL , for Petitioner Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 25, 2022, Ashley MacAlister 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) resulting from a tetanus vaccination she received on September 17, 2021. Petition at 1. On December 18, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 22. 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 (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $23,950.53 (representing $22,749.60 in fees plus $1,200.93 in costs). Petitioner’s Final Motion for Attorney Fees and Cost (“Motion”) filed Dec. 22, 2023, ECF No. 25. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred no out-of-pocket expenses. Motion at 3. Respondent reacted to the motion on December 22, 2023, indicating 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. 26. 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. ECF No. 25-4. 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 $23,950.53 (representing $22,749.60 in fees plus $1,200.93 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Shannon Law Group. 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 filing a joint notice renouncing their right to seek review. 2