VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01302 Package ID: USCOURTS-cofc-1_22-vv-01302 Petitioner: Tammy Ross Filed: 2022-09-15 Decided: 2025-12-18 Vaccine: influenza Vaccination date: 2021-10-11 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 99500 AI-assisted case summary: Tammy Ross filed her petition on September 15, 2022, alleging that an influenza vaccination administered in her left arm on October 11, 2021 caused a shoulder injury related to vaccine administration. She alleged that the injury fit the Vaccine Injury Table's SIRVA framework, occurred after a vaccine administered in the United States, lasted more than six months, and had not been the subject of any prior civil award or settlement. Ross was represented by John Robert Howie of Howie Law, PC. Respondent denied that Ross sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged left shoulder injury or any other injury, and denied that any current condition was a sequela of a vaccine-related injury. The public compensation decision and stipulation do not describe her first shoulder symptom, exact onset interval, medical visits, range-of-motion findings, imaging, injections, therapy, surgery, work limitations, or daily-life impact. The available victim story is therefore limited: Ross tied a left-shoulder injury to the October 2021 flu shot; respondent disputed Table injury and causation; and the parties resolved the case by stipulation after additional entitlement and damages briefing had occurred. On December 18, 2025, Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding compensation. Ross received $99,500.00 through counsel's IOLTA account for prompt disbursement, representing all Vaccine Act damages available under Section 15(a). A later March 23, 2026 decision addressed attorney's fees and costs, not additional injury compensation. The Special Master awarded $48,349.07 for fees and costs, consisting of $47,147.50 in attorney's fees and $1,201.57 in costs. The fees decision noted that the case had required additional briefing on entitlement and damages, but did not add further clinical facts about Ross's shoulder injury. Theory of causation field: Influenza vaccine in left arm on October 11, 2021 allegedly causing left shoulder SIRVA lasting more than six months. COMPENSATED by stipulation. Respondent denied Table SIRVA, flu-vaccine causation for alleged left shoulder injury or any other injury, and current vaccine-caused sequela. Public compensation decision gives no onset interval, treatment course, imaging, injections, therapy, experts, or mechanism; fees decision notes additional entitlement/damages briefing. Chief Special Master Brian H. Corcoran, compensation decision December 18, 2025. Award $99,500.00 through counsel IOLTA for all Section 15(a) damages. Separate fees/costs decision March 23, 2026 awarded $48,349.07 to counsel, not injury compensation. Petition filed September 15, 2022. Attorney: John Robert Howie, Howie Law, PC. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01302-0 Date issued/filed: 2026-01-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/18/2025) regarding 44 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01302-UNJ Document 51 Filed 01/21/26 Page 1 of 7 (cid:36)(cid:48)(cid:51)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1302V TAMMY ROSS, Chief Special Master Corcoran Petitioner, Filed: December 18, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 15, 2022, Tammy Ross 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”) as a result of an influenza (“flu”) vaccine administered on October 11, 2021. Petition at 1; Stipulation, filed at December 9, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she sustained an injury within the time period set forth in the Vaccine Injury Table, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of her injury. Petition at 1, 13; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged left shoulder injury, or any other injury; and denies that petitioner's current condition is a sequela of a vaccine-related injury. Stipulation at ¶ 6. 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-01302-UNJ Document 51 Filed 01/21/26 Page 2 of 7 Nevertheless, on December 9, 2025, 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 lump sum of $99,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents 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 1:22-vv-01302-UNJ Document 51 Filed 01/21/26 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS TAMMY ROSS, Petitioner, V. No. 22-l 302V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Tammy Ross, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oet 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. § I 00.3(a). 2. Petitioner received a flu vaccine on October 11, 2021, in her left arm. 3. The vaccination was administered within the United States. 4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine administration (. . SIRVA") as set forth in the Table. Petitioner further alleges that petitioner experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of petitioner's condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the Case 1:22-vv-01302-UNJ Document 51 Filed 01/21/26 Page 4 of 7 vaccine caused petitioner's alleged left shoulder injury, 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 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-21 (a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $99,500.00, to be paid through an ACH deposit to petitioner's counsel's IOL TA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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-21 (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. 10. Petitioner and petitioner's 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. 2 Case 1:22-vv-01302-UNJ Document 51 Filed 01/21/26 Page 5 of 7 11. Payment 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- 15(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-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalfof petitioner's 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 Vaccine Program, 42 U.S.C. § 300aa-10 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 October 11, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about September 15, 2022, in the United States Cou11 of Federal Claims as petition No. 22-I 302V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:22-vv-01302-UNJ Document 51 Filed 01/21/26 Page 6 of 7 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. 16. 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 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 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 Service that the flu vaccine caused petitioner·s alleged injury or any other injury or petitioner's 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 4 Case 1:22-vv-01302-UNJ Document 51 Filed 01/21/26 Page 7 of 7 Rcspcctt\tlly sub111i1tc1I, ATTOltNEY OF R'ECOIU> AUTIIORIZED R.t<:PRESt:NTATIVE FOR PETITIONER: OF THE ATTORNEY GF:NERAL: -4'4'.~~&~ -~ ····~ JOl N R. IIOWIE HEATHER L. PEARLMAN Ho k Law, P.C. Deputy Director 2608 Hibernia Strccl Torts nranch Oallas. TX 75204 Civil Division (214) 622-6340 U.S. Department of Justice jhowie@howiclaw.net P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-014(1 AUTHORIZED REPRESENTATIVE ATTORNEY OF RF.CORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. ~i~=~t!9ntclbyJcflr~ -5 Beach Date:202S.12.0314:56:33 ·- --0s·oo· for ------ CAPT GEORGE REEO GRIMF.S, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Brnnch Health Systems Hurcau Civil Di\'ision Health Resources ,md Scrviccs U.S. Dcpnrtmenr of Juslicc Administration P.O. Box 146 U.S. Department of llcalth lknjnmin Franklin Station and Human Services Washington, DC 20044-014(, 5600 Fishers Lane, 14 W-1H {202) 305-1159 Rockville, MD 20R57 Nasccm.Kourosh~i,usdoj.go, Dated: 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01302-cl-extra-11244149 Date issued/filed: 2026-01-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10777549 -------------------------------------------------------------------------------- $0333&$5&% In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1302V TAMMY ROSS, Chief Special Master Corcoran Petitioner, Filed: December 18, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On September 15, 2022, Tammy Ross 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”) as a result of an influenza (“flu”) vaccine administered on October 11, 2021. Petition at 1; Stipulation, filed at December 9, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she sustained an injury within the time period set forth in the Vaccine Injury Table, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of her injury. Petition at 1, 13; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged left shoulder injury, or any other injury; and denies that petitioner's current condition is a sequela of a vaccine-related injury. Stipulation at ¶ 6. 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). Nevertheless, on December 9, 2025, 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 lump sum of $99,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents 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 TAMMY ROSS, Petitioner, V. No. 22-l 302V (ECF) Chief Special Master Corcoran SECRETA RY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Tammy Ross, petitioner, filed a petition for vaccine compensation under the Nationa l Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oet seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's rece ipt of the influenza (•'flu") vaccine, wh ich vaccine is contained in the Vaccine Injury Table (the "Tab le"), 42 C.F.R. § I 00.3(a). 2. Petitioner received a fl u vaccine on October 11, 202 1, in her left arm. 3. The vaccination was administered within the United States. 4. Petition er alleges that petitioner susta ined a shoulder injury related to vaccine administration (.. SIRVA") as set forth in the Tab le. Petitioner further al leges that petitioner experienced th e residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civ il action for damages on petitioner's beha lf as a result of petitioner's condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner' s alleged left shoulder injury , 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-21 (a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $99,500.00 , to be paid through an ACH deposit to petitioner' s counsel ' s IOL TA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(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-21 (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. 10. Petitioner and petitioner's 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. 2 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipu lation will be made in accordance with 42 U.S.C. § 300aa- 15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipu late 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 sole ly 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-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner' s individual capacity , and on behalfof petitioner' s heirs, executors, administrators, successors or assigns, does forever irrevocab ly and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and a ll actions or causes of action (including agreements, judgments, c laim s, damages, lo ss 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 C laims , under the Vaccine Program , 42 U.S.C. § 300aa-10 et seq. , on account of, or in any way growing out of, any and a ll 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 October 11 , 202 1, as alleged by petitioner in a petition for vaccine compensation filed on or about September 15, 2022 , in the United States Cou11 of Federal Claims as petition No. 22-I 302V. 14. If petitioner should die prior to entry of judgment, this agreement sha ll be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 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. 16. 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 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 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. Thi s Stipulation shall not be co nstru ed as an admi ss ion by th e United States or th e Sec retary of Hea lth and Hum an Se rvice th at th e flu vacc ine ca used petiti oner·s alleged injury or an y oth er injury or petiti oner's current di sabilities, or that petition er suffered an injury contain ed in th e Vaccin e 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 4 Rcspcctt\tlly sub111i1tc1I, ATTOltNEY OF R'ECOIU> AUTIIORIZED R.t<:PRESt:NT ATI VE FOR PETI T IONER: OF THE ATTOR NEY GF:NER AL: - ~ ····~ JOl N R. II OW IE -4'4'.~~&~ HEATHER L. PEARLMAN Ho k Law, P.C. Deputy Director 2608 Hibernia Strccl Torts nranch Oallas. TX 75204 Civil Division (214) 622-6340 U.S. Department of Justice jhowie@howiclaw.net P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-014(1 AUTHORIZ ED REPRESENTATIVE ATTORNEY OF RF.CORD FO R OF TH E SECRETA RY OF HEA LTH RESPONDENT : AND HUMAN SERVICES: Jeffrey S. ~i~=~t!9ntclbyJcflr~ -5 Date: 202S.12.0314:56:33 ·-Beach ------ --0s·oo· for CAPT GEORGE REEO GRIMF.S, MD, M PH Director, Division of Injury Trial Attorney Compensation Programs Torts Brnnch H ealth Systems Hu rcau Civil Di\'ision Health Resources ,md Scrviccs U.S. Dcpnrtmenr of Juslicc Administration P.O. Box 146 U.S. Department of llcalth lknjnmin Franklin Station and Human Services Washington , DC 20044-0 14(, 5600 Fishers Lane, 14 W- 1H {202) 305-1159 Rockv ille, MD 20R57 Nasccm.Kourosh~i,usdoj .go, Dated: 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01302-cl-extra-11318577 Date issued/filed: 2026-04-28 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10851190 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1302V TAMMY ROSS, Chief Special Master Corcoran Petitioner, v. Filed: March 23, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 15, 2022, Tammy Ross 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 following an influenza vaccination she received on October 11, 2021. Petition, ECF No. 1. On December 18, 2025, I issued a decision finding Petitioner entitled to compensation and awarding damages based on the parties’ stipulation. ECF No. 44. 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 $48,349.07 (representing $47,147.50 in fees plus $1,201.57 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed December 24, 2025, ECF No. 48. Furthermore, Petitioner filed a signed statement representing the no personal out-of-pocket expenses were incurred. ECF No. 48-4. Respondent reacted to the motion on January 2, 2026, indicating 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. Respondent’s Response to Motion at ECF No. 49. Also, on January 2, 2026, Petitioner indicated that she does not intend to file a substantive reply. ECF No. 50. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and are therefore awarded herein. Regarding the time billed, I note this case required additional briefing regarding entitlement and damages. See Petitioner’s Motion for Ruling on the Record on Entitlement and Damages, filed Jan. 16, 2025, ECF No. 37; Petitioner’s Reply to Respondent’s Response to Petitioner’s motion, filed Feb. 28, 2025, ECF No. 39; Petitioner’s counsel expended approximately 10.1 hours drafting the entitlement and damages brief and 5.8 hours drafting the responsive brief, for a combined total of 15.9 hours. ECF No. 48-2 at 6-7. I find this time to have been reasonably incurred. And all time billed to the matter was also reasonably incurred. Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 48-3 at 1-37. 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, Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $48,349.07 (representing $47,147.50 in fees plus $1,201.57 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. 3 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 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3