VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01342 Package ID: USCOURTS-cofc-1_22-vv-01342 Petitioner: Debbie H. Savage Filed: 2022-09-21 Decided: 2025-01-21 Vaccine: influenza Vaccination date: 2020-10-23 Condition: SIRVA with infection and septic arthritis alleged as sequelae Outcome: compensated Award amount USD: 89198.59 AI-assisted case summary: On September 21, 2022, Debbie H. Savage filed a petition alleging that an influenza vaccination administered on October 23, 2020 caused a shoulder injury related to vaccine administration. The stipulation also described alleged infection and septic arthritis as sequelae of the alleged Table injury. Respondent denied that Ms. Savage sustained onset of a SIRVA Table injury within the Table period, denied that she sustained the alleged infection or septic arthritis within the Table, and denied that the vaccine caused the alleged injuries or any other injury. The public stipulation decision does not describe her onset, infection workup, septic arthritis treatment, shoulder treatment, or functional impact. On January 21, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation. Ms. Savage received $85,011.70 as a lump sum payable to her, plus $4,186.89 payable jointly to her and the State of Oklahoma Health Care Authority for reimbursement of a Medicaid lien, for total injury compensation of $89,198.59. A later August 21, 2025 decision addressed attorneys' fees and costs only. Theory of causation field: Adult petitioner; influenza vaccine October 23, 2020; alleged SIRVA with infection and septic arthritis sequelae. COMPENSATED by stipulation. Respondent denied Table onset, infection/septic arthritis Table status, causation, and sequelae; public merits text lacks clinical chronology. Award $89,198.59 = $85,011.70 petitioner + $4,186.89 Oklahoma Medicaid lien. SM Corcoran January 21, 2025. Petition filed September 21, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01342-0 Date issued/filed: 2025-02-21 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 01/21/2025) regarding 37 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01342-UNJ Document 38 Filed 02/21/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1342V DEBBIE H. SAVAGE, Chief Special Master Corcoran Petitioner, Filed: January 21, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard William Zahn, Jr., Joel Bieber Firm, Richmond, VA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 21, 2022, Debbie H. Savage 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine. Petition at 1. Petitioner further alleges that she developed an infection and septic arthritis as sequela of the alleged injury, received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition, alleged as vaccine caused. Id. “Respondent denies that [P]etitioner sustained the onset of a SIRVA Table injury within the time period set forth in 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-01342-UNJ Document 38 Filed 02/21/25 Page 2 of 8 the Table; and denies that the vaccine caused [P]etitioner’s alleged injuries or any other injury or [P]etitioner’s current disabilities.” Stipulation ¶ 6, ECF No. 36. Nevertheless, on January 21, 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. A lump sum of $85,011.70 in the form of a check payable to Petitioner, and B. A lump sum of $4,186.89, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the Commonwealth of Virginia, in the form of a check payable jointly to Petitioner and the Treasurer of Virginia and mailed to: Office of the Attorney General Financial Recovery Section Attn: Valerie Hill P.O. Box 610 Richmond, VA 23218 OAG File Number: 202201345 Petitioner agrees to endorse this check to the Treasurer of Virginia. Stipulation ¶ 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-01342-UNJ Document 38 Filed 02/21/25 Page 3 of 8 IN THE UNITED STAT ES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DEBBIE H. SAVAGE, ) ) Petitioner, ) No. 22-1342V ) Chief Special Master Corcoran v. ) SPU ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Debbie H. Savage, 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 the Influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the vaccine on or about October 23, 2020. 3. The vaccine was administered within the United States. 4. The petition alleges that petitioner sustained the first symptom or manifestation of the onset of a shoulder injury related to vaccine administration ("SIRVA"), as defined in the Table, within the time period set forth in the Table, and further alleges that petitioner developed an infection and septic arthritis as sequela of the alleged Table injury and experienced 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 Case 1:22-vv-01342-UNJ Document 38 Filed 02/21/25 Page 4 of 8 for damages arising out of the alleged vaccine injury. 6. Respondent denies that petitioner sustained the onset of a SIRVA Table injury within the time period set forth in the Table; and denies that the vaccine caused petitioner's alleged injuries or any other injury or petitioner's current disabilities. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decisicm 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 ifter 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. A lump sum of $85,011.70 in the form of a check payable to petitioner, and B. A lump sum of $4,186.89, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the Commonwealth of Virginia, in the form of a check payable jointly to petitioner and the Treasurer of Virginia and mailed to: Office of the Attorney General Financial Recovery Section Attn : Valerie Hill P.O. Box 610 Richmond VA, 23218 OAG File Number: 202201345 Petitioner agrees to endorse this check to the Treasurer of Virginia. These amounts represent compensation for all damages that would be available under 42 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Virginia may have against any individual as a result of any Medicaid payments the Virginia Program has made to or on behalf of Debbie H. Savage as a result of her alleged vaccine-related injury suffered on or about October 23, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 Case 1:22-vv-01342-UNJ Document 38 Filed 02/21/25 Page 5 of 8 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry ofj udgment 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 any proceeding upon this petition. I 0. 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, and represent that they have identified to respondent al I known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 5(g). 11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-1 S(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 the benefit of petitioner 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 3 Case 1:22-vv-01342-UNJ Document 38 Filed 02/21/25 Page 6 of 8 petitioner's individual capacity, and on behalf of 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 United States Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I0 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 vaccination as alleged by petitioner in a petition for vaccine compensation filed on or about June 21, 2022, in the United States Court of Federal Claims as petition No. 22-1342. 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. 15. lfthe special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the United States 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 4 Case 1:22-vv-01342-UNJ Document 38 Filed 02/21/25 Page 7 of 8 amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccine caused petitioner's alleged injury or any other injury or petitioner's current condition. 18. All rights and obligations of petitioner hereunder shall appiy equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5 Case 1:22-vv-01342-UNJ Document 38 Filed 02/21/25 Page 8 of 8 Respectfully submitted, PETITIONER: JO.~ !-). DEBBIE H. SAVAGE ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETI ONER: OF THE ATTORNEY GENERAL: ~ eC~/\,,¥Pu LAI! '- -~~-----------l_ _ \ / ~ t3 Jf ( HEATHER L. PEARLMAN 7 (~ 1 The Joel Bieber Firm Deputy Director 6806 Paragon Place, Suite I 00 Torts Branch Richmond, VA 23230 Civil Division (804) 358-2200 U.S. Department of Justice rzahn@joelbieher.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEAL TH RESPONDENT: AND HUMAN SERVICES: ffrey $. Je Digitally signed by Jeffrey S. Beach -S 8e ac h -5 _ Date:2024.12.10 10:32:5) -05'00' for CAPT GEORGE REED GRIMES, MD, MPH Direcior, Division of l1tjury Senior 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 Tel: (202) 616-4181 Rockville, MD 20857 Email: debra.begley@usdoj.gov 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01342-cl-extra-10803865 Date issued/filed: 2025-02-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10337277 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1342V DEBBIE H. SAVAGE, Chief Special Master Corcoran Petitioner, Filed: January 21, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard William Zahn, Jr., Joel Bieber Firm, Richmond, VA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On September 21, 2022, Debbie H. Savage 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine. Petition at 1. Petitioner further alleges that she developed an infection and septic arthritis as sequela of the alleged injury, received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition, alleged as vaccine caused. Id. “Respondent denies that [P]etitioner sustained the onset of a SIRVA Table injury within the time period set forth in 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). the Table; and denies that the vaccine caused [P]etitioner’s alleged injuries or any other injury or [P]etitioner’s current disabilities.” Stipulation ¶ 6, ECF No. 36. Nevertheless, on January 21, 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. A lump sum of $85,011.70 in the form of a check payable to Petitioner, and B. A lump sum of $4,186.89, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the Commonwealth of Virginia, in the form of a check payable jointly to Petitioner and the Treasurer of Virginia and mailed to: Office of the Attorney General Financial Recovery Section Attn: Valerie Hill P.O. Box 610 Richmond, VA 23218 OAG File Number: 202201345 Petitioner agrees to endorse this check to the Treasurer of Virginia. Stipulation ¶ 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 DEBBIE H. SAVAGE, ) ) Petitioner, ) No. 22-1342V ) Chief Special Master Corcoran v. ) SPU ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Debbie H. Savage, 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 the Influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the vaccine on or about October 23, 2020. 3. The vaccine was administered within the United States. 4. The petition alleges that petitioner sustained the first symptom or manifestation of the onset of a shoulder injury related to vaccine administration ("SIRVA"), as defined in the Table, within the time period set forth in the Table, and further alleges that petitioner developed an infection and septic arthritis as sequela of the alleged Table injury and experienced 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 arising out of the alleged vaccine injury. 6. Respondent denies that petitioner sustained the onset of a SIRVA Table injury within the time period set forth in the Table; and denies that the vaccine caused petitioner's alleged injuries or any other injury or petitioner's current disabilities. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decisicm 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 ifter 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. A lump sum of $85,011.70 in the form of a check payable to petitioner, and B. A lump sum of $4,186.89, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the Commonwealth of Virginia, in the form of a check payable jointly to petitioner and the Treasurer of Virginia and mailed to: Office of the Attorney General Financial Recovery Section Attn : Valerie Hill P.O. Box 610 Richmond VA, 23218 OAG File Number: 202201345 Petitioner agrees to endorse this check to the Treasurer of Virginia. These amounts represent compensation for all damages that would be available under 42 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Virginia may have against any individual as a result of any Medicaid payments the Virginia Program has made to or on behalf of Debbie H. Savage as a result of her alleged vaccine-related injury suffered on or about October 23, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 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 any proceeding upon this petition. I 0. 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, and represent that they have identified to respondent al I known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 5(g). 11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-1 S(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 the benefit of petitioner 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 3 petitioner's individual capacity, and on behalf of 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 United States Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I0 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 vaccination as alleged by petitioner in a petition for vaccine compensation filed on or about June 21, 2022, in the United States Court of Federal Claims as petition No. 22-1342. 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. 15. lfthe special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the United States 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 4 amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccine caused petitioner's alleged injury or any other injury or petitioner' s current condition. 18. All rights and obligations of petitioner hereunder shall appiy equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5 Respectfully submitted, PETITIONER: JO.~ !-). DEBBIE H. SAVAGE ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETI ONER: OF THE ATTORNEY GENERAL: - ~ ~ - - - - - - - - - - - l_ _ / ~ t3 Jf ( \ ~ eC~/\,,¥Pu LAI! '- HEATHER L. PEARLMAN The Joel Bieber Firm 7 (~ 1 Deputy Director 6806 Paragon Place, Suite I 00 Torts Branch Richmond, VA 23230 Civil Division (804) 358-2200 U.S. Department of Justice rzahn@joelbieher.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey $. Digitally signed by Jeffrey S. Beach -S Date:2024.12.10 8eac h -5 _ 10:32:5) -05'00' for CAPT GEORGE REED GRIMES, MD, MPH Direcior, Division of l1tj ury Senior 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 Tel: (202) 616-4181 Rockville, MD 20857 Email: debra.begley@usdoj.gov 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01342-cl-extra-11143481 Date issued/filed: 2025-09-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10676894 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1342V DEBBIE H. SAVAGE, Chief Special Master Corcoran Petitioner, v. Filed: August 21, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard William Zahn, Jr., Joel Bieber Firm, Richmond, VA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 21, 2022, Debbie H. Savage 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 a defined Table injury, after receiving an influenza vaccine. Petition, ECF No. 1. On January 21, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 37. 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 $19,427.16 (representing $17,825.10 in fees plus $1,602.06 in costs). Motion for Attorney’s Fees, filed on April 28, 2025. ECF No. 41. Furthermore, Petitioner represents that she incurred no personal out-of-pocket expenses. ECF No. 42. Respondent did not file a response to Petitioner’s Motion thereafter. 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 set forth 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 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. 2 ATTORNEY FEES Petitioner requests the rate of $500.00 per hour for all time billed by attorney Richard Zahn and the rate of $200.00 for all time billed by the firm’s paralegals. These rates require slight adjustments, however, because they exceed what has previously been awarded to Mr. Zahn and his paralegals. Mr. Zahn was awarded the lesser rates of $425.00 per hour for work performed in the 2021-22 timeframe and $475.00 for work performed in 2023-24. Additionally, his supporting paralegal was awarded the lesser rates of $145.00 per hour for time billed in 2021-22 and $175.00 for time billed in 2023-24. See Dixon v. Sec’y of Health & Hum. Servs., No. 19-1279V, 2023 WL 8011346 (Fed. Cl. Spec. Mstr. Sept. 29, 2023) and Center v. Sec’y of Health & Hum. Servs., No. 22-861V, Slip Op. 50 (Fed. Cl. Spec. Mstr. February 6, 2025). I find no reason to deviate from these reasoned determinations and it otherwise is not the practice of OSM to adjust prior rate determinations upward in later cases. See Jefferson v. Sec’y of Health & Hum. Servs., No. 19-1882V, 2023 WL 387051 (Fed. Cl. Spec. Mstr. Jan. 9, 2023). Accordingly, I hereby reduce the hourly rates claimed by Mr. Zahn and his supporting paralegal, to be consistent with the hourly rates previously awarded to them. Application of the foregoing reduces the fees to be awarded herein by $2,240.50. 3 For work performed in 2025, however, the paralegal rate of $200.00 and attorney Zahn’s requested rate of $500.00 are both reasonable and shall be awarded. ATTORNEY COSTS Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 41 at 14-38. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. 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 $17,186.66 (representing $15,584.60 in fees plus $1,602.06 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. 3 This amount is calculated as follows: ($500 - $425 = $75 x 6.00 hours billed by Mr. Zahn in 2021-22) + ($500 - $475 = $25 x 6.92 hours billed by Mr. Zahn in 2023-24) + ($200 - $145 = $55 x 18.00 hours billed by paralegal in 2021-22) + ($200 - $175 = $25 x 25.10 hours billed by paralegal in 2023-24) = $2,240.50. 3 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. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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. 4