VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01422 Package ID: USCOURTS-cofc-1_22-vv-01422 Petitioner: Marsha Wood Filed: 2022-10-03 Decided: 2024-06-27 Vaccine: influenza Vaccination date: 2020-11-06 Condition: left shoulder injury Outcome: compensated Award amount USD: 13000 AI-assisted case summary: Marsha Wood filed a petition for compensation under the National Vaccine Injury Compensation Program on October 3, 2022. She alleged that she suffered a left shoulder injury as a result of receiving an influenza vaccine on November 6, 2020. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury or that her current condition was a sequela of a vaccine-related injury. The parties, represented by Jason Barton Eshelman for the petitioner and Alexa Roggenkamp for the respondent, reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, Marsha Wood was awarded a lump sum of $13,000.00, payable by check to the petitioner. This amount is intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, as shoulder injuries related to vaccines are listed on the Vaccine Injury Table. The decision was issued on June 27, 2024. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner, nor does it name any medical experts. Theory of causation field: Petitioner Marsha Wood received an influenza vaccine on November 6, 2020, and alleged a left shoulder injury. Respondent denied causation. The parties entered into a joint stipulation for settlement, agreeing that a decision should be entered awarding compensation. The case was processed as a Table claim, as SIRVA (Shoulder Injury Related to Vaccine Administration) is listed on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $13,000.00 to the petitioner. The public text does not detail the specific mechanism of injury, medical experts, or competing medical theories. Attorneys for the petitioner were Eshelman Legal Group, and for the respondent, the U.S. Department of Justice. The decision date was June 27, 2024, with the petition filed on October 3, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01422-0 Date issued/filed: 2024-06-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/24/2024) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01422-UNJ Document 32 Filed 06/27/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1422V MARSHA WOOD, Chief Special Master Corcoran Petitioner, Filed: May 24, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jason Barton Eshelman, Eshelman Legal Group, Cuyahoga Fall, OH, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 3, 2022, Marsha Wood 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 left shoulder injury, as the result of an influenza (“flu”) vaccination received on November 6, 2020. See Petition at 1; Stipulation, filed May 21, 2024, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶ 3, 12-13; Stipulation at ¶¶ 3-5. “Respondent denies that the vaccine caused [P]etitioner's alleged left shoulder injury or any other injury, and denies that her 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-01422-UNJ Document 32 Filed 06/27/24 Page 2 of 7 Nevertheless, on May 21, 2024, the parties filed the attached joint stipulation, 3 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 $13,000.00 in the form of a check payable 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The DocuSign signature page has been deleted from the attached Stipulation. 4 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 C ase 1:22-vv-01422-UNJ Document 32 Filed 06/27/24 Page 3 of 7 DocuSign Envelope ID: AF4BF7B8-8205-4AF9-AF44-167C5A5AC32A IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARSHA WOOD, Petitioner, No. 22-1422V Chief Special Master Corcoran ECF v. SECRETARY OF HEAL TH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Marsha Wood ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on November 6, 2020. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she sustained a left shoulder injury that was caused in fact by the flu vaccine. She further alleges that she experienced the residual effects of this 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 her behalf as a result of her alleged injury or condition. C ase 1:22-vv-01422-UNJ Document 32 Filed 06/27/24 Page 4 of 7 DocuSign Envelope ID: AF48F788-8205-4AF9-AF44-167C5A5AC32A 6. Respondent denies that the vaccine caused petitioner's alleged left shoulder injury or any other injury, and denies that her 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-2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $13,000.00 in the fonn of a check payable 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-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. I 0. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § I 396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 C ase 1:22-vv-01422-UNJ Document 32 Filed 06/27/24 Page 5 of 7 OocuSign Envelope ID: AF4BF7B8-8205-4AF9-AF44-167C5A5AC32A 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- l 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past 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-l S(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, 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 unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on November 6, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about October l 0, 2022, in the United States Court of Federal Claims as petition No. 22-l422V. 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 C ase 1:22-vv-01422-UNJ Document 32 Filed 06/27/24 Page 6 of 7 DocuSign Envelope ID: AF4BF7B8-8205-4AF9-AF44-167C5A5AC32A 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 confonnity with a decision that is in complete conformity with the tenns 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 Services that the flu vaccine caused petitioner's alleged shoulder injury or any other injury or her current condition, 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 STlPULA TION I I I I 4 Case 1:22-vv-01422-UNJ Document 32 Filed 06/27/24 Page 7 of 7 DocuSign Envelope ID: AF48F7B8-8205-4AF9-AF44-167C5A5AC32A Respectfully submitted, PETITIONER: n � i {/(, � MASHA WOOD ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: � �� \,(__ e� � HEATHER L. PEARLMAN ESHELMAN LEGAL GROUP Deputy Director 263 Portage Trail Ext. W. Torts Branch Cuyahoga Falls, OH 44223 Civil Division Phone: ( 330 ) 376-3572 U.S. Department of Justice Fax: (330) 376-0199 P.O. Box 146 Emai I: jason@eshelmangroup.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes - OigitallyslgnedbyGeorgeR. Grlmes-514 514 Date: 2024.04.1916:19:l l -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 202-616-4 l 79 Rockville, MD 20857 alexa.roggenkamp@usdoj.gov dv.[-ij Dated 1 J 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01422-cl-extra-10734892 Date issued/filed: 2024-06-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268302 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1422V MARSHA WOOD, Chief Special Master Corcoran Petitioner, Filed: May 24, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jason Barton Eshelman, Eshelman Legal Group, Cuyahoga Fall, OH, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On October 3, 2022, Marsha Wood 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 left shoulder injury, as the result of an influenza (“flu”) vaccination received on November 6, 2020. See Petition at 1; Stipulation, filed May 21, 2024, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶ 3, 12-13; Stipulation at ¶¶ 3-5. “Respondent denies that the vaccine caused [P]etitioner's alleged left shoulder injury or any other injury, and denies that her 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 May 21, 2024, the parties filed the attached joint stipulation,3 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 $13,000.00 in the form of a check payable 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. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The DocuSign signature page has been deleted from the attached Stipulation. 4 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 DocuSign Envelope ID: AF4BF7B8-8205-4AF9-AF44-167C5A5AC32A IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARSHA WOOD, Petitioner, No. 22-1422V Chief Special Master Corcoran v. ECF SECRETARY OF HEAL TH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Marsha Wood ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on November 6, 2020. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she sustained a left shoulder injury that was caused in fact by the flu vaccine. She further alleges that she experienced the residual effects of this 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 her behalf as a result of her alleged injury or condition. DocuSign Envelope ID: AF48F788-8205-4AF9-AF44-167C5A5AC32A 6. Respondent denies that the vaccine caused petitioner's alleged left shoulder injury or any other injury, and denies that her 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-2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $13,000.00 in the fonn of a check payable 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-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. I 0. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § I 396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 OocuSign Envelope ID: AF4BF7B8-8205-4AF9-AF44-167C5A5AC32A 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- l 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past 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-l S(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, 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 unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on November 6, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about October l 0, 2022, in the United States Court of Federal Claims as petition No. 22-l422V. 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 DocuSign Envelope ID: AF4BF7B8-8205-4AF9-AF44-167C5A5AC32A 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 confonnity with a decision that is in complete conformity with the tenns 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 Services that the flu vaccine caused petitioner's alleged shoulder injury or any other injury or her current condition, 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 STlPULA TION I I I I 4 DocuSign Envelope ID: AF48F7B8-8205-4AF9-AF44-167C5A5AC32A Respectfully submitted, PETITIONER: n � i {/(, � MASHA WOOD ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: � �� \,(__ e� � HEATHER L. PEARLMAN ESHELMAN LEGAL GROUP Deputy Director 263 Portage Trail Ext. W. Torts Branch Cuyahoga Falls, OH 44223 Civil Division Phone: (330) 376-3572 U.S. Department of Justice Fax: (330) 376-0199 P.O. Box 146 Emai I: jason@eshelmangroup.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes - Grlmes-514 OigitallyslgnedbyGeorgeR. 514 Date: 2024.04.1916:19:l l -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 202-616-4 l 79 Rockville, MD 20857 alexa.roggenkamp@usdoj.gov Dated dv. 1 J [-ij 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01422-cl-extra-10844646 Date issued/filed: 2025-04-14 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10378058 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1422V MARSHA WOOD, Chief Special Master Corcoran Petitioner, v. Filed: March 12, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jason Barton Eshelman, Eshelman Legal Group, Cuyahoga Fall, OH, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 3, 2022, Marsha Wood 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 left shoulder injury, as a result of an influenza vaccination received on November 6, 2020. Petition, ECF No. 1. On May 24, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 31. 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 $9,586.43 (representing $8,492.50 in fees plus $1,093.93 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed October 31, 2024, ECF No. 35. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 35-3. Respondent reacted to the motion on November 12, 2024, reporting that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case and that he does not oppose Petitioner’s request in this case. ECF No. 36. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. Petitioner is requesting that I endorse the hourly rate of $300 for time billed by her attorney Jason Eshelman, in the 2021-24 timeframe. Mr. Eshelman has been a licensed attorney since 2005. ECF No. 35 at 1. In my experience, the request appears reasonable overall, and I find no cause to reduce the requested hours or rates. Respondent offered no specific objection to the rates or amounts sought. I have also reviewed the requested costs, but find that Petitioner’s counsel has not substantiated them with the required supporting documentation, such as an invoice or proof of payment. See ECF No. 35 at 8. I will nevertheless reimburse these costs in full, since the amount requested is not particularly large. But Petitioner’s counsel should be aware that any future requests for costs may result in a curtailed (or denied) award for failure to include the required supporting documentation. See Guidelines for Practice Under the National Vaccine Injury Compensation Program at 75-78 (emphasis added). 3 CONCLUSION The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $9,586.43 (representing $8,492.50 in fees plus $1,093.93 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. 3 The guidelines f or Practice Under the National Vaccine Injury Compensation Program can be f ound at: https://www.uscfc.uscourts.gov/sites/default/files/vaccine_guidelines_20240318.pdf 2 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. 3