VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01278 Package ID: USCOURTS-cofc-1_22-vv-01278 Petitioner: Boyce Dean Spradlin Filed: 2022-08-06 Decided: 2024-09-11 Vaccine: influenza Vaccination date: 2019-11-12 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Boyce Dean Spradlin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) following an influenza vaccination on November 12, 2019. He further alleged that he experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Spradlin sustained a GBS Table injury, denied that the flu vaccine caused his GBS or any other condition, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation as its decision. Mr. Spradlin was awarded a lump sum payment of $75,000.00, which covered pain and suffering, past unreimbursable expenses, and his first year of medical care expenses. Additionally, an amount sufficient to purchase an annuity contract for future medical care was awarded. This compensation is for all damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01278-0 Date issued/filed: 2024-09-11 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 08/06/2024) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01278-UNJ Document 35 Filed 09/11/24 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1278V BOYCE DEAN SPRADLIN, Chief Special Master Corcoran Petitioner, Filed: August 6, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sarah Knight, Hay & Knight, PLLC, Somerset, KY, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 19, 2022, Boyce Dean Spradlin 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 he suffered from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on November 12, 2019. Petition at 1; Stipulation, filed at August 5, 2024, ¶¶ 2, 4. Petitioner further alleges that he has suffered the residual effects of his vaccine-related injury for more than six months. Petition at ¶ 18; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained a GBS Table injury; denies that the flu vaccine caused Petitioner’s alleged GBS, or any other injury or condition; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on August 5, 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. 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 1:22-vv-01278-UNJ Document 35 Filed 09/11/24 Page 2 of 9 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum payment of $75,000.00, representing Petitioner’s pain and suffering and past unreimbursable expenses ($71,903.00) and Petitioner first year’s medical care expenses ($3,097.00) in the form of a check payable to Petitioner; and • An amount sufficient to purchase the annuity contract described in the Paragraph 10 of the attached Stipulation. These amounts represent compensation for all damages that would be available under Section 15(a). 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 1:22-vv-01278-UNJ Document 35 Filed 09/11/24 Page 3 of 9 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS BOYCE DEAN SPRADLIN, Petitioner, No. 22-l 278V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the foJlowing matters: 1. Boyce Dean Spradlin ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table,,), 42 C.F.R. § 100.3(a) 2. Petitioner received a flu vaccine on November 12, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered Guillain-Barre syndrome ("OBS") within the time period set forth in the Table following administration of the flu vaccine. Petitioner further alleges that he suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a resu It of the aJleged injury. Case 1:22-vv-01278-UNJ Document 35 Filed 09/11/24 Page 4 of 9 6. Respondent denies that petitioner sustained a GBS Table injury; denies that the flu vaccine caused petitioner's alleged GBS, or any other injury or condition; and denies that his current condition is a sequels 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 ofj udgment 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$75,000.00, which amount represents compensation for first year's Medical Care expenses ($3,097.00), and pain and suffering and past unreimbursable expenses ($71,903.00), in the fonn of a check payable to petitioner; and b. An amount sufficient to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company"). These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa; c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; 2 Case 1:22-vv-01278-UNJ Document 35 Filed 09/11/24 Page 5 of 9 d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA~, AA, AA+, or AAA. 10. The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company for the benefit of petitioner, Boyce Dean Spradlin, pursuant to which the Life Insurance Company will agree to make payments periodically to petitioner as follows for the foUowing life care items available under 42 U.S.C. §300aa-15(a). a. For future unreimbursable Medical Expenses, beginning on the first anniversary of the date ofj udgment, an annual amount of $3,190.00 to be paid for the remainder of petitioner's life, increasing at the rate of three percent (3%), compounded annually from the date of judgment. At the sole discretion of the Secretary of Health and Human Services, the periodic payments set forth in paragraph 10 above may be provided to petitioner in monthly, quarterly, annual, or other insta1lments. The "annual amounts" set forth above describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment. Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as petitioner, Boyce Dean Spradlin, is alive at the time that a particular payment is due. Written notice shall be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of Boyce Dean Spradlin's death. 11. The annuity contract will be owned solely and exclusively by the Secretary of Health and Human Services and will be purchased as soon as practicable following the entry of a judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary of Health and Human Services and the United States of America are not responsible for the payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts awarded pursuant to paragraph 13 herein, and that they do not guarantee or insure any of the future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and 3 Case 1:22-vv-01278-UNJ Document 35 Filed 09/11/24 Page 6 of 9 Human Services and the United States of America are released from any and all obligations with respect to future annuity payments. 12. The parties stipulate and agree that the annuity payments cannot be assigned. accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and his heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 13. 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-2l(a)(l), 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. 14. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aav l S(g), including State compensation programs, insurance policies, Federal or State health benefits programs (o ther than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 15. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 13 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 4 Case 1:22-vv-01278-UNJ Document 35 Filed 09/11/24 Page 7 of 9 16. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 17. In return for the payments described in paragraphs 8 and 13, petitioner, in his individual capacity, and on behalf of bis heirs, executors, administrators, successors, or assigns, 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-10 et seq., on account of, or in any way growing out of, any and all known or Wlknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on November 12, 2019, as alleged in a petition for vaccine compensation filed on or about September 13, 2022, in the United States Court of Federal Claims as petition No. 22-1278V. 18. 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. 19. 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. 5 Case 1:22-vv-01278-UNJ Document 35 Filed 09/11/24 Page 8 of 9 20. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 13 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 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. 21. Petitioner hereby authorizes respondent to disclose documents filed by him in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 22. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that petitioner sustained a GBS Table injury; that the flu vaccine caused any other injury or condition; or that his current condition is a sequela of a vaccine-related injury. 23. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 6 Case 1:22-vv-01278-UNJ Document 35 Filed 09/11/24 Page 9 of 9 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: SARAH HAY KNIGHT HAY & KNIGHT, PLLC Deputy Director P.O. Box 1124 Torts Branch 203 West Columbia Street Civil Division Somerset, KY 42502 U.S. Department of Justice sarah@hayandknight.com P.O. Box 146 Benjamin Franklin St.ation Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. Digitally signed by ~ : / ? s Jeffrey S. Beach ·S Beach Date: 2024.06.06 for ____- __ 20-.s3:26 .04•00· CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney 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 felicia.d.langel usdoj .gov Rockville, MD 20857 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01278-cl-extra-10734254 Date issued/filed: 2024-09-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267664 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1278V BOYCE DEAN SPRADLIN, Chief Special Master Corcoran Petitioner, Filed: August 6, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sarah Knight, Hay & Knight, PLLC, Somerset, KY, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On September 19, 2022, Boyce Dean Spradlin 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 he suffered from Guillain-Barre Syndrome (“GBS”) following an influenza vaccination he received on November 12, 2019. Petition at 1; Stipulation, filed at August 5, 2024, ¶¶ 2, 4. Petitioner further alleges that he has suffered the residual effects of his vaccine-related injury for more than six months. Petition at ¶ 18; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained a GBS Table injury; denies that the flu vaccine caused Petitioner’s alleged GBS, or any other injury or condition; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on August 5, 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. 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). Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum payment of $75,000.00, representing Petitioner’s pain and suffering and past unreimbursable expenses ($71,903.00) and Petitioner first year’s medical care expenses ($3,097.00) in the form of a check payable to Petitioner; and • An amount sufficient to purchase the annuity contract described in the Paragraph 10 of the attached Stipulation. These amounts represent compensation for all damages that would be available under Section 15(a). 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 BOYCE DEAN SPRADLIN, Petitioner, No. 22- l 278V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the foJlowing matters: 1. Boyce Dean Spradlin ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table,,), 42 C.F.R. § 100.3(a) 2. Petitioner received a flu vaccine on November 12, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered Guillain-Barre syndrome ("OBS") within the time period set forth in the Table following administration of the flu vaccine. Petitioner further alleges that he suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a resu It of the aJleged injury. 6. Respondent denies that petitioner sustained a GBS Table injury; denies that the flu vaccine caused petitioner's alleged GBS, or any other injury or condition; and denies that his current condition is a sequels 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 ofjudgment 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$75,000.00, which amount represents compensation for first year's Medical Care expenses ($3,097.00), and pain and suffering and past unreimbursable expenses ($71,903.00), in the fonn of a check payable to petitioner; and b. An amount sufficient to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company"). These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company must have one of the following ratings from two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa; c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; 2 d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA~, AA, AA+, or AAA. 10. The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company for the benefit of petitioner, Boyce Dean Spradlin, pursuant to which the Life Insurance Company will agree to make payments periodically to petitioner as follows for the foUowing life care items available under 42 U.S.C. §300aa-15(a). a. For future unreimbursable Medical Expenses, beginning on the first anniversary of the date ofjudgment, an annual amount of $3,190.00 to be paid for the remainder of petitioner' s life, increasing at the rate of three percent (3%), compounded annually from the date of judgment. At the sole discretion of the Secretary of Health and Human Services, the periodic payments set forth in paragraph 10 above may be provided to petitioner in monthly, quarterly, annual, or other insta1lments. The "annual amounts" set forth above describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment. Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as petitioner, Boyce Dean Spradlin, is alive at the time that a particular payment is due. Written notice shall be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of Boyce Dean Spradlin's death. 11. The annuity contract will be owned solely and exclusively by the Secretary of Health and Human Services and will be purchased as soon as practicable following the entry of a judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary of Health and Human Services and the United States of America are not responsible for the payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts awarded pursuant to paragraph 13 herein, and that they do not guarantee or insure any of the future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and 3 Human Services and the United States of America are released from any and all obligations with respect to future annuity payments. 12. The parties stipulate and agree that the annuity payments cannot be assigned. accelerated, deferred, increased, or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company, are subject to execution or any legal process for any obligation in any manner. Petitioner and his heirs, executors, administrators, successors, and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise. 13. 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-2l(a)(l), 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. 14. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aav l S(g), including 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 entities that provide health services on a pre-paid basis. 15. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 13 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 4 16. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 17. In return for the payments described in paragraphs 8 and 13, petitioner, in his individual capacity, and on behalf of bis heirs, executors, administrators, successors, or assigns, 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-10 et seq., on account of, or in any way growing out of, any and all known or Wlknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on November 12, 2019, as alleged in a petition for vaccine compensation filed on or about September 13, 2022, in the United States Court of Federal Claims as petition No. 22-1278V. 18. 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. 19. 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. 5 20. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 13 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 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. 21. Petitioner hereby authorizes respondent to disclose documents filed by him in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 22. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that petitioner sustained a GBS Table injury; that the flu vaccine caused any other injury or condition; or that his current condition is a sequela of a vaccine-related injury. 23. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 6 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: SARAH HAY KNIGHT HAY & KNIGHT, PLLC Deputy Director P.O. Box 1124 Torts Branch 203 West Columbia Street Civil Division Somerset, KY 42502 U.S. Department of Justice sarah@hayandknight.com P.O. Box 146 Benjamin Franklin St.ation Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. Digitally signed by ~:/? Jeffrey S. Beach ·S Beach s _ _ _ _- __ Date: 2024.06.06 20-.s3:26 .04•00· for CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney 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 felicia.d.langel usdoj .gov Rockville, MD 20857 7 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01278-cl-extra-11049983 Date issued/filed: 2025-05-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10583395 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1278V BOYCE DEAN SPRADLIN, Chief Special Master Corcoran Petitioner, v. Filed: April 9, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Sarah Knight, Hay & Knight, PLLC, Somerset, KY, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 19, 2022, Boyce Dean Spradlin 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 from Guillain-Barré syndrome following an influenza vaccine received on November 12, 2019. Petition, ECF No. 1. On August 6, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 34. 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 $28,588.89 (representing $27,607.80 in fees plus $981.09 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed November 18, 2024, ECF No. 39. Furthermore, counsel for represents that Petitioner incurred no personal out-of-pocket expenses. Id. at 2. Respondent reacted to the motion on November 20, 2024, stating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 40. Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 42. 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 reasons listed below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. 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 A. Attorney Hourly Rates Petitioner has requested that I endorse the following hourly rates for work performed in this matter: 2021 2022 2023 2024 Sarah Knight, Esq. $444 $458 $482 $509 Paralegals $172 $177 $186 $197 The paralegal rates proposed herein are reasonable and shall be adopted. But the rates proposed for attorney Knight require further evaluation. Ms. Knight has been a licensed attorney since 2007 (Motion at 39-1), placing her in the range of attorneys with 11 - 19 years’ experience based on the OSM Attorneys’ Fee Schedules. 3 As such, Ms. Knight is eligible for hourly rates between $355 -$458 per hour for time billed in 2021-22, and $386 - $509 for time billed in 2023-24. Although Ms. Knight’s proposed rates fall within OSM’s Fee Schedules given her level of experience, she seeks rates on the highest end of the ranges – despite her lack of significant experience handling Program matters, with this appearing to be her first Vaccine Act case. Prior experience with Program cases is relevant to what hourly rate an attorney should receive. See McCulloch v. Health and Human Services, No. 09–293V, 2015 WL 5634323, at *17 (Fed. Cl. Spec. Mstr. Sept. 1, 2015) (stating the following factors are paramount in deciding a reasonable forum hourly rate: experience in the Vaccine Program, overall legal experience, the quality of work performed, and the reputation in the legal community and community at large). Based on my experience applying the factors relevant to determining proper hourly rates for Program attorneys, I hereby find it reasonable to award Ms. Knight the lower hourly rate of $366 for time billed in the 2021-22 timeframe, and $386 for time billed in the 2023-24 timeframe. Application of the foregoing reduces the amount to be 3 The OSM Attorneys’ Forum Hourly Rate Fee Schedules are available on the U.S. Court of Federal Claims website at https://www.uscfc.uscourts.gov/osm-attorneys-forum-hourly-rate-fee-schedules 3 awarded herein by $4,735.70. 4 Ms. Knight will be eligible for higher rates in the future, however, as she demonstrates more experience representing petitioners in the Vaccine Program. B. Paralegal Tasks Billed at Attorney Rates In addition to the aforementioned hourly rate reductions, there are several instances in which tasks that are considered paralegal in nature were improperly billed using the attorneys’ hourly rate in this matter. 5 Counsel is admonished that “[t]asks that can be completed by a paralegal or a legal assistant should not be billed at an attorney’s rate.” See Riggins v. Sec’y of Health & Human. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009). Turpin v. Sec’y of Health & Human. Servs., No. 99- 535, 2008 WL 5747914, at *5-7 (Fed. Cl. Spec. Mstr. Dec. 23, 2008). “[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. Accordingly, I reduce the hourly rates for time expended on tasks considered paralegal in nature, to a rate of $172 per hour for time billed in 2021-22 and $186 per hour for time billed in 2023-24. Application of the foregoing further reduces the fees to be awarded herein by $1,662.00. 6 Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 35-1 at 15-17. Respondent offered no specific objection to the requested costs. Accordingly, I find the requested costs reasonable and hereby award them in full. 4 This amount is calculated as ($444 - $366 = $78 x 6.30 hrs.) + ($458 - $366 = $92 x 11.20 hrs.) + ($482 - $386 = $96 x 23.10 hrs.) + ($509 - $386 = $123 x 8.10 hrs.) = $4,735.70. 5 Examples of tasks considered paralegal in nature: 9/14/22: “E-f ile complaint, PAR medical history questionnaire; civil cover sheet; petition; af fidavit…” 10/13/22: “update index to Exhibits Prepare and file Notice of Filing E-file statement of Completion...” 12/2/22: “File supplemental records...” 1/20/23: “Save and review scheduling order; calendar deadlines.” 2/11/23; 2/17/23; 11/9/23; 11/19/23; 12/11/23 (two entries); 12/12/23; 12/14/23; 1/31/24; 3/20/24; 9/13/24. See ECF No. 39-2. 6 This amount is calculated using Ms. Knight’s newly awarded rates: ($366 - $172 = $194 x 3.00 hrs.) + ($386 - $186 = $200 x 5.40 hrs.) = $1,662.00. 4 CONCLUSION 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 $22,191.19 (representing $21,210.10 in fees plus $981.09 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. 7 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 7 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. 5