VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01480 Package ID: USCOURTS-cofc-1_22-vv-01480 Petitioner: Marifer B. Cleveland Filed: 2022-10-11 Decided: 2024-10-10 Vaccine: influenza Vaccination date: 2020-08-18 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 47903 AI-assisted case summary: Marifer B. Cleveland filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on August 18, 2020. She stated the vaccine was administered in the United States, the adverse effects lasted longer than six months, and she had not received other compensation for her injuries. Respondent denied that the flu vaccine caused her alleged SIRVA or any other injuries. Nevertheless, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding a lump sum of $44,500.00 payable to Petitioner and a lump sum of $3,403.20 to reimburse a Medicaid lien for services rendered by the State of California. This total award of $47,903.20 represents compensation for all items of damages available under the program. The court directed that judgment be entered in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01480-0 Date issued/filed: 2024-10-10 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 09/09/2024) regarding 39 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01480-UNJ Document 43 Filed 10/10/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1480V MARIFER B. CLEVELAND, Chief Special Master Corcoran Petitioner, Filed: September 9, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 11, 2022, Marifer B. Cleveland 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 right shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on August 18, 2020. Petition at 1; Stipulation, filed September 6, 2024, at ¶¶ 2-4. Petitioner further alleges the flu vaccine was administered in the United States, the adverse effects of her vaccine-related injuries have lasted for longer than six months, and Petitioner has not filed a civil action or received compensation in the form of an award or civil settlement for her vaccine-related injuries. Petition at ¶¶ 6, 30, 32, 33; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA or any other injuries or conditions; and denies that the flu vaccine caused petitioner’s current condition or disabilities.” 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-01480-UNJ Document 43 Filed 10/10/24 Page 2 of 8 Nevertheless, on September 6, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A. A lump sum of $44,500.00 in the form of a check payable to Petitioner; and B. A lump sum of $3,403.20, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of California, in the form of a check payable jointly to Petitioner and the State of California Department of Health Care Services: Department of Health Care Services (DHCS) Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account Number: C96000519E-001T Petitioner agrees to endorse this check to DHCS. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:22-vv-01480-UNJ Document 43 Filed 10/10/24 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARIFER B. CLEVELAND, Petitioner, No. 22-l 480V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVlCES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Marifer B. Cleveland ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-J0 to 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 that is contained in the Vaccine Injury Table (the "Table"), 42 C.F .R. § I 00.J(a) 2. Petitioner received a tlu vaccine on August l 8, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") that was caused by the flu vaccine. Petitioner further alleges that she suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of the alleged injury. Case 1:22-vv-01480-UNJ Document 43 Filed 10/10/24 Page 4 of 8 6. Respondent denies that the flu vaccine caused petitioner's alleged SIRVA or any other injuries or conditions; and denies that the flu vaccine caused petitioner's current condition or disabilities. 7. Maintaining their above•stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa•2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payments for all damages that would be available under 42 U.S.C. § 300aa• 1S (a): A. A lump sum of $44,500.00 in the form of a check payable to petitioner; and B. A lump sum of $3,403.20, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of California, in the form of a check payable jointly to petitioner and the State of California Department of Health Care Services: Department of Health Care Services (DHCS) Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account Number: C96000519E·0OIT Petitioner agrees to endorse this check to OCHS. 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of California may have against any individual as a result of any Medicaid payments the Medi•Cal Program has made to or on behalf of Marifer B. Cleveland as a result of her alleged vaccine-related injury suffered on or about August 18, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa• IS (g), (h). 2 Case 1:22-vv-01480-UNJ Document 43 Filed 10/10/24 Page 5 of 8 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)( 1) , 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 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-l 5(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. 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-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's 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 3 Case 1:22-vv-01480-UNJ Document 43 Filed 10/10/24 Page 6 of 8 (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 August 18, 2020, as alleged in a petition for vaccine compensation tiled on or about October 11, 2022, in the United States Court of Federal Claims as petition No. 22-1480V. 14. ff petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. lfthe special master fails to issue a decision in complete conformity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a decision that is in complete confonnity 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. 4 Case 1:22-vv-01480-UNJ Document 43 Filed 10/10/24 Page 7 of 8 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 or significantly aggravated petitioner's alleged SIRVA or any other injuries or conditions; and denies that the flu vaccine caused petitioner's current condition or disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 Case 1:22-vv-01480-UNJ Document 43 Filed 10/10/24 Page 8 of 8 MARIH.R I\. l"LEVl·l.AND ,\Tl"ORNE\' \thm1c~ ltw Petitioner Deputy Director .kl°frc) S. 1'01> & Associc11cs Torts Bra11ch 9150 Wilshire Blvd .. Suit<.•241 Civil Division Oc\~·rl~ llills. CA 90212 U.S. Depart111e111 of Justice Tel: (J 10) :?73-5462 P.O. Box 146 F:1x: (.3 I 0) } 74-7749 Benjamin Franklin Station .iPl'P'.!il1>opla" yer.com Washington. DC 20044-0146 AlfTHOIUZF.I> REPRESENTATIVE AT rORNF.Y OF RF.CORD FOR OF Ttlf: Sf.CRETARY OF HF.Al.TH RF.SPONDENT: AND HUMAN SERVICES: ~ ,m-~ Jeffrey S. Digitally signed by ~lt('y $. Buch ·S Be a( h -S . Obie: 2024.08.02 for I 1·11'S8·04"00' .i MicAM.t.rrrEi • C/\1''1 n of Injury ·1r ial J\ IllW ile)· .. Compensation f>rograms Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Ad111 inistral ion P.O. Box 146 l l.S. lkpanmcnt of Health llc1unmiu Franklin S1111iun amt lfom,111 Scndccs Washing.ton. DC 2004-'•0146 5<100 Fi~hers Lane. 08W-.25A Tel: (102) JOS-4014 l{c~k\'illc. MD 20857 E nrnil: jmnicu.m.linles(~usdl~j.g.o" D:u~•d .. _.O . ..r./. . ...f.. _1,f~ 1 ..4... ..... _ ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01480-cl-extra-10734026 Date issued/filed: 2024-10-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267436 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1480V MARIFER B. CLEVELAND, Chief Special Master Corcoran Petitioner, Filed: September 9, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 11, 2022, Marifer B. Cleveland 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 right shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on August 18, 2020. Petition at 1; Stipulation, filed September 6, 2024, at ¶¶ 2-4. Petitioner further alleges the flu vaccine was administered in the United States, the adverse effects of her vaccine-related injuries have lasted for longer than six months, and Petitioner has not filed a civil action or received compensation in the form of an award or civil settlement for her vaccine-related injuries. Petition at ¶¶ 6, 30, 32, 33; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA or any other injuries or conditions; and denies that the flu vaccine caused petitioner’s current condition or disabilities.” 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 September 6, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A. A lump sum of $44,500.00 in the form of a check payable to Petitioner; and B. A lump sum of $3,403.20, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of California, in the form of a check payable jointly to Petitioner and the State of California Department of Health Care Services: Department of Health Care Services (DHCS) Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account Number: C96000519E-001T Petitioner agrees to endorse this check to DHCS. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARIFER B. CLEVELAND, Petitioner, No. 22-l 480V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVlCES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Marifer B. Cleveland ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-J0 to 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 that is contained in the Vaccine Injury Table (the "Table"), 42 C.F .R. § I00.J(a) 2. Petitioner received a tlu vaccine on August l 8, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") that was caused by the flu vaccine. Petitioner further alleges that she suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of the alleged injury. 6. Respondent denies that the flu vaccine caused petitioner's alleged SIRVA or any other injuries or conditions; and denies that the flu vaccine caused petitioner's current condition or disabilities. 7. Maintaining their above•stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa•2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payments for all damages that would be available under 42 U.S.C. § 300aa• 1S(a): A. A lump sum of $44,500.00 in the form of a check payable to petitioner; and B. A lump sum of $3,403.20, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of California, in the form of a check payable jointly to petitioner and the State of California Department of Health Care Services: Department of Health Care Services (DHCS) Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account Number: C96000519E·0OIT Petitioner agrees to endorse this check to OCHS. 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of California may have against any individual as a result of any Medicaid payments the Medi•Cal Program has made to or on behalf of Marifer B. Cleveland as a result of her alleged vaccine-related injury suffered on or about August 18, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa• IS(g), (h). 2 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)( 1), 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 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-l 5(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. 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-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner' s 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 3 (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 August 18, 2020, as alleged in a petition for vaccine compensation tiled on or about October 11, 2022, in the United States Court of Federal Claims as petition No. 22-1480V. 14. ff petitioner should die prior to entry ofjudgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. lfthe special master fails to issue a decision in complete conformity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a decision that is in complete confonnity 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. 4 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 or significantly aggravated petitioner's alleged SIRVA or any other injuries or conditions; and denies that the flu vaccine caused petitioner's current condition or disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 MARIH .R I\. l"L EVl· l.AND ,\Tl"ORNE\' \thm1c~ ltw Petit ioner Deputy D irector .kl°frc) S. 1'01> & A ssocic11cs Torts Bra11ch 91 50 Wilshire Blvd .. Suit<.•241 Civi l Division Oc\ ~·rl~ llills. CA 902 12 U.S. Depart111e111 of Justice Tel: (J 10) :?73-5462 P.O. Box 146 F:1x: (.3 I 0 ) } 74-7749 Benj amin Franklin Station .iPl'P'.!il1>opla" yer.com Wash ington. DC 20044-0146 AlfTHOIUZF.I> REPRESENTATIVE ATrORNF.Y OF RF.CORD FOR OF Ttlf: Sf.CRETARY OF HF.Al.TH RF.SPONDENT: AND HUMAN SERVICES: ~ ,m-~ Digitally signed by Jeffrey S. ~lt('y $. Buch ·S Obie: 2024.08.02 Bea( h -S . I 1·11'S8 ·04"00' for C/\1''1 n of Injury ·1rial J\ Il lWile)· .. Compensation f>rograms Torts Branch Health Systems Bureau Civi l Division Health Resources and Services U.S. Department of Justice Ad111 inistral ion P.O. Box 146 l l.S. lkpanmcnt of Health llc1unmiu Franklin S1111iun amt lfom,111 Scndccs Washing.ton. DC 2004-'•0146 5<100 Fi~hers Lane. 08W-.25A Tel : (102) JOS-4014 l{c~k \'illc. MD 20857 E nrnil: jmnicu.m.linles(~usdl~j.g.o" D:u~•d .. _ O........... . r / f_1 f , ~ 1 .......... 4 _ ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01480-cl-extra-10841653 Date issued/filed: 2025-04-08 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10375065 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1480V MARIFER B. CLEVELAND, Chief Special Master Corcoran Petitioner, v. Filed: March 7, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 11, 2022, Marifer B. Cleveland 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 right shoulder injury related to vaccine administration resulting from an influenza vaccine received on August 18, 2020. Petition, ECF No. 1. On September 9, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 39. 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 $26,455.72 (representing $25,750.50 in fees plus $705.22 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed December 18, 2024, ECF No. 44. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 44-4. Respondent reacted to the motion on January 27, 2025, 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 2-4, ECF No. 45. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2024 are reasonable and consistent with our prior determinations, and will therefore be adopted. However, I find a minor reduction in the amount of fees to be awarded appropriate, for the reasons stated below. After reviewing the billing records submitted with Petitioner’s request, I find that several of the tasks performed by attorneys in this case are more properly billed using a paralegal rate. 3 “Tasks that can be completed by a paralegal or a legal assistant should not be billed at an attorney’s rate.” Riggins v. Sec’y of Health & Hum. Servs., No. 99- 382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009). “[T]he rate at which such work is compensated turns not on who ultimately performed the task but instead turns on the nature of the task performed.” Doe/11 v. Sec’y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425, at *9 (Fed. Cl. Spec. Mstr. Jan. 29, 2010). Although these billing entries are reasonable, they must be charged at a reduced rate comparable to that of a paralegal. Application of the foregoing results in a reduction in the amount of fees to be awarded herein by $413.20. 4 Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 44-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. 3 Examples of such entries include the draf ting of basic documents such as a notice of f iling exhibit list, PAR Questionnaire, cover sheet, and statement of completion. Entries reduced include: 10/11/22 (three entries); 1/3/24; 1/19/24; 9/13/24. ECF No. 44-2. 4 This amount consists of ($410 – $177 = $233 x 0.80 hrs.) + ($575 - $197 = $378 X 0.60 hrs.) = $413.20. 2 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. Petitioner is awarded attorneys’ fees and costs in the total amount of $26,042.52 (representing $25,337.30 in fees plus $705.22 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 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