VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01451 Package ID: USCOURTS-cofc-1_22-vv-01451 Petitioner: Stacey R. Williams Filed: 2022-10-05 Decided: 2024-05-03 Vaccine: influenza Vaccination date: 2020-10-14 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 85473 AI-assisted case summary: Stacey R. Williams filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 14, 2020. The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, the parties reached a stipulation for damages. The decision awarded Stacey R. Williams a total of $85,473.13, comprised of $85,000.00 for pain and suffering and $473.13 for past unreimbursable expenses, to be paid as a lump sum. The case proceeded as a Table claim, and entitlement was granted, leading to the award of damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01451-0 Date issued/filed: 2024-02-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2024) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01451-UNJ Document 31 Filed 02/26/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1451V STACEY R. WILLIAMS, Chief Special Master Corcoran Petitioner, Filed: January 22, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kimberly Wilson White, Wilson Law, P.A., Raleigh, NC, for Petitioner. Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 5, 2022, Stacey R. Williams 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 that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered on October 14, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 18, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent “has concluded that [P]etitioner’s alleged injury is consistent 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:22-vv-01451-UNJ Document 31 Filed 02/26/24 Page 2 of 2 with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that “[P]etitioner suffered the residual effects of her condition for more than six months.” Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01451-cl-extra-10736095 Date issued/filed: 2024-02-26 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269505 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1451V STACEY R. WILLIAMS, Chief Special Master Corcoran Petitioner, Filed: January 22, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kimberly Wilson White, Wilson Law, P.A., Raleigh, NC, for Petitioner. Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 5, 2022, Stacey R. Williams 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 that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered on October 14, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 18, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent “has concluded that [P]etitioner’s alleged injury is consistent 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that “[P]etitioner suffered the residual effects of her condition for more than six months.” Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01451-1 Date issued/filed: 2024-05-03 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 04/01/2024) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01451-UNJ Document 37 Filed 05/03/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1451V STACEY R. WILLIAMS, Chief Special Master Corcoran Petitioner, Filed: April 1, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kimberly Wilson White, Wilson Law, P.A., Raleigh, NC, for Petitioner. Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 5, 2022, Stacey R. Williams 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 that was administered on October 14, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 22, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 20, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $85,473.13 (comprised of $85,000 for pain and suffering and $473.13 for past unreimbursable expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered 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-01451-UNJ Document 37 Filed 05/03/24 Page 2 of 5 award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $85,473.13 (comprised of $85,000.00 for pain and suffering and $473.13 for past unreimbursable expenses) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). 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-01451-UNJ Document 37 Filed 05/03/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS STACEY WILLIAMS, Petitioner, No. 22-1451V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 5, 2022, Stacey Williams (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination he received on September 29, 2021. Petition at 1. On January 18, 2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on January 22, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 27; ECF No. 28. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $85,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:22-vv-01451-UNJ Document 37 Filed 05/03/24 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $473.13. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through lump sum payments as described below and requests that the Special Master’s decision and the Court’s judgment award the following1: A. A lump sum payment of $85,473.13, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment A. Lump sum payable to petitioner, Stacey Williams $85,473.13 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA M. COLLISON Assistant Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:22-vv-01451-UNJ Document 37 Filed 05/03/24 Page 5 of 5 /s/ Neil Bhargava NEIL BHARGAVA Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-3989 Date: March 20, 2024 neil.bhargava@usdoj.gov 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_22-vv-01451-cl-extra-10735416 Date issued/filed: 2024-05-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268826 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1451V STACEY R. WILLIAMS, Chief Special Master Corcoran Petitioner, Filed: April 1, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kimberly Wilson White, Wilson Law, P.A., Raleigh, NC, for Petitioner. Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 5, 2022, Stacey R. Williams 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 that was administered on October 14, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 22, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 20, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $85,473.13 (comprised of $85,000 for pain and suffering and $473.13 for past unreimbursable expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered 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). award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $85,473.13 (comprised of $85,000.00 for pain and suffering and $473.13 for past unreimbursable expenses) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). 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 STACEY WILLIAMS, Petitioner, v. No. 22-1451V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 5, 2022, Stacey Williams (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination he received on September 29, 2021. Petition at 1. On January 18, 2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on January 22, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 27; ECF No. 28. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $85,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $473.13. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through lump sum payments as described below and requests that the Special Master’s decision and the Court’s judgment award the following1: A. A lump sum payment of $85,473.13, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment A. Lump sum payable to petitioner, Stacey Williams $85,473.13 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA M. COLLISON Assistant Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future, unreimbursed expenses, future lost earnings and future pain and suffering. 2 /s/ Neil Bhargava NEIL BHARGAVA Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-3989 Date: March 20, 2024 neil.bhargava@usdoj.gov 3 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_22-vv-01451-cl-extra-10734096 Date issued/filed: 2024-09-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267506 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1451V STACEY R. WILLIAMS, Chief Special Master Corcoran Petitioner, v. Filed: August 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kimberly Wilson White, Wilson Law, P.A., Raleigh, NC,, for Petitioner. Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 5, 2022, Stacey R. Williams 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 as a result of an influenza vaccine that was administered on October 14, 2020. Petition, ECF No. 1. On April 1, 2024, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 33. 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 $27,145.33 (representing $25,292.50 in fees plus $1,852.83 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed May 8, 2024, ECF No. 38. Furthermore, Petitioner filed a signed statement indicating that Petitioner incurred no personal out-of- pocket expenses. Id. at 40. Respondent reacted to the motion on May 29, 2024, 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. Motion at 2-3, ECF No. 39. Thereafter, Petitioner stated that she does not intend on filing a substantive reply. ECF No. 40. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2023 are reasonable and consistent with our prior determinations, and will therefore be adopted. Petitioner has also requested the hourly rate of $500 for 2024 work performed by attorney Kimberly White, representing a rate increase of $50; Motion at 4-10. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. Motion at 14-40. 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. I award a total of $27,145.33 (representing $25,292.50 in fees plus $1,852.83 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Kimberly Wilson White. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2