VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01494 Package ID: USCOURTS-cofc-1_22-vv-01494 Petitioner: Charles Jeffrey Alston Filed: 2022-10-11 Decided: 2025-01-28 Vaccine: influenza Vaccination date: 2019-10-17 Condition: Guillain-Barre Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Shirley Alston filed the petition on October 11, 2022 as executrix of the estate of Charles Jeffrey Alston. She alleged that an influenza vaccination administered to Mr. Alston on October 17, 2019 caused Guillain-Barre Syndrome and/or Chronic Inflammatory Demyelinating Polyneuropathy, with residual effects lasting more than six months. The petition was brought for Mr. Alston's estate, and the stipulation states that Mr. Alston died on February 2, 2021. Petitioner did not allege that his death was a sequela of the vaccine-related injury. She was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates. Respondent denied that Mr. Alston's alleged GBS and/or CIDP or its residual effects were caused by the flu vaccine, and denied that the flu vaccine caused any other injury or his death. The public stipulation does not describe Mr. Alston's first neurologic symptom, onset interval, diagnostic testing, hospitalization, treatment, rehabilitation, residual disability, or circumstances of death. It also does not identify experts or explain a medical mechanism. The public story is therefore limited but important: after Mr. Alston died, his estate pursued a vaccine-injury claim for a neurologic condition allegedly caused by the October 2019 flu vaccine, while expressly not alleging that the vaccine-related injury caused his death. The parties compromised the disputed GBS/CIDP claim by stipulation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it on January 28, 2025. The estate received $45,000.00 by check payable to Shirley Alston as executrix of the estate of Charles Jeffrey Alston. No payment could be made until documentation established the proper estate representative. Theory of causation field: Influenza vaccine on October 17, 2019 allegedly causing GBS and/or CIDP in Charles Jeffrey Alston; residual effects alleged over six months. COMPENSATED by stipulation to estate. Mr. Alston died February 2, 2021, but petitioner did not allege death was sequela of vaccine injury; respondent denied vaccine causation for GBS/CIDP, any other injury, and death. Public stipulation provides no onset, testing, treatment, experts, or mechanism. Chief Special Master Brian H. Corcoran, decision January 28, 2025. Award $45,000.00 check to Shirley Alston as executrix, subject to estate documentation. Petition filed October 11, 2022. Attorney: Jeffrey S. Pop. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01494-0 Date issued/filed: 2025-03-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/28/2025) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01494-UNJ Document 34 Filed 03/07/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1494V SHIRLEY ALSTON as executrix of Chief Special Master Corcoran ESTATE OF CHARLES JEFFREY ALSTON, Filed: January 28, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 11, 2022, Shirley Alston filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”) as the executrix of the estate of Charles Jeffrey Alston. On October 17, 2019, Mr. Alston received an influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that Mr. Alston suffered from Guillain-Barré syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of the flu vaccine. She further alleges that the flu vaccine caused Mr. Alston’s alleged injury, and that he suffered the residual effects of his alleged injury for more than six months. 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-01494-UNJ Document 34 Filed 03/07/25 Page 2 of 7 Respondent denies that Mr. Alston’s alleged GBS and/or CIDP or its residual effects were caused by the flu vaccine and denies that the flu vaccine caused Mr. Alston any other injury or his death. Nevertheless, on January 27, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $45,000.00 in the form of a check payable to Petitioner as executrix of the estate of Charles Jeffrey Alston. 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-01494-UNJ Document 34 Filed 03/07/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SHIRLEY ALSTON, as Executrix of the Estate of CHARLES JEFFREY ALSTON, Petitioner, No. 22-1494V Chief Special Master Brian H. Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Shirley Alston ("petitioner"), as the Executrix of the Estate of Charles Jeffrey Alston ("Mr. Alston"), 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 Mr. Alston's receipt of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a). 2. Mr. Alston received the flu vaccine on October 17, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that as a result ofreceiving the flu vaccine, Mr. Alston suffered Guillain-Barre Syndrome ("GBS") and/or Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP"), and he experienced the residual effects of this condition for more than six months. Mr. Alston passed away on February 2, 2021. Petitioner does not allege that Mr. Alston's death was sequela of his alleged vaccine-related injury. Case 1:22-vv-01494-UNJ Document 34 Filed 03/07/25 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf of Mr. Alston as a result of the alleged condition. 6. Respondent denies that Mr. Alston's alleged GBS and/or CIDP or its residual effects were caused by the flu vaccine and denies that the flu vaccine caused Mr. Alston any other injury or his death. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$4S,OOO.00 in the form of a check payable to petitioner as Executrix of the Estate of Charles Jeffrey Alston. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(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 proceeding upon this petition. I0 . 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 2 Case 1:22-vv-01494-UNJ Document 34 Filed 03/07/25 Page 5 of 7 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. I 1. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa- 15(i), subject to the availability of sufficient statutory funds. 12. Petitioner represents that she presently is, or within 90 days of the date ofj udgment will become, duly authorized to serve as legal representative of Mr. Alston's estate under the laws of the State of Pennsylvania. No payments pursuant to this Stipulation shall be made until petitioner provides the Secretary with documentation establishing her appointment as legal representative of Mr. Alston's estate. If petitioner is not authorized by a court of competent jurisdiction to serve as legal representative of Mr. Alston's estate at the time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as legal representative of Mr. Alston's estate upon submission of written documentation of such appointment to the Secretary. 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and as executrix of Mr. Alston's estate, on petitioner's own behalf, and on behalf of Mr. Alston'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, 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 3 Case 1:22-vv-01494-UNJ Document 34 Filed 03/07/25 Page 6 of 7 l Oe t 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 Mr. Alston resulting from, or alleged to have resulted from, the flu vaccine administered on or about October 17, 2019, as alleged by petitioner in a petition for vaccine compensation tiled on October J I, 2022, in the United States Court of Federal Claims as petition No. 22-1494V. 15. If the 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 conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shaJI 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 Mr. Alston's alleged injury, any other injury or condition, or Mr. Alston's death. 18. All rights and obligations of petitioner in her capacity as executrix of Mr. Alston's estate shall apply equally to her heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:22-vv-01494-UNJ Document 34 Filed 03/07/25 Page 7 of 7 Respeett\Jlly submitted. PE'ITl'IONIR: s~~ A'ITORNEY OJ' RECORD FOR AUTHORIZED REPRSENTATIVE PE1Tl10NER; OF THE AITORNEY GENERAL: .... w c~ki-:P.w..&A~ HEATHER L. PEARLMAN 1eftiey S. Pop & Associates Deputy Director 9150 Wilsbhe Blvd. Suite 241 Torts Branch Beverly Hills, CA 90212 Civil Division (310) 273-5462 U.S.DepartmentofJustice E-mail: jpop@popla~er.~om P.0.Box 146 Benjamin Franklin Station WashingtOn. DC 200#-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND BUMAN SERVICES: Jeffrey S Olgltally signed by s. -s • Jeffrey Beach Be aC h .. S. 0 D 9 a : t 4 e 1 : : 2 2 0 2 2 ~ S S .0 'O 1 O .1 ' 6 for ~~~ CAPT OBORGE REED OR.IMES. MD, MPH Director, Division of1 1\jury Trial Attorney Proarams Torts Branch Compc,Qaation Health Systems Bureau Civil Division Hoalth Reso\Rel and Services U.S. Department of Justice Administmtlon P.O.Box 146 U.S. Department ofH ealth Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 YIShm Lane, 08W-2SA Tel: (202) 616-9824 Rockville, MD 20857 E-mail: Elizabeth,A.Andary@usdQj.gov Ifft/ aoas Dated: ()J s ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01494-cl-extra-10819591 Date issued/filed: 2025-03-07 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10353003 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1494V SHIRLEY ALSTON as executrix of Chief Special Master Corcoran ESTATE OF CHARLES JEFFREY ALSTON, Filed: January 28, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On October 11, 2022, Shirley Alston filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”) as the executrix of the estate of Charles Jeffrey Alston. On October 17, 2019, Mr. Alston received an influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that Mr. Alston suffered from Guillain-Barré syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of the flu vaccine. She further alleges that the flu vaccine caused Mr. Alston’s alleged injury, and that he suffered the residual effects of his alleged injury for more than six months. 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). Respondent denies that Mr. Alston’s alleged GBS and/or CIDP or its residual effects were caused by the flu vaccine and denies that the flu vaccine caused Mr. Alston any other injury or his death. Nevertheless, on January 27, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $45,000.00 in the form of a check payable to Petitioner as executrix of the estate of Charles Jeffrey Alston. 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 SHIRLEY ALSTON, as Executrix of the Estate of CHARLES JEFFREY ALSTON, Petitioner, No. 22-1494V Chief Special Master Brian H. Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Shirley Alston ("petitioner"), as the Executrix of the Estate of Charles Jeffrey Alston ("Mr. Alston"), 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 Mr. Alston's receipt of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a). 2. Mr. Alston received the flu vaccine on October 17, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that as a result ofreceiving the flu vaccine, Mr. Alston suffered Guillain-Barre Syndrome ("GBS") and/or Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP"), and he experienced the residual effects of this condition for more than six months. Mr. Alston passed away on February 2, 2021. Petitioner does not allege that Mr. Alston's death was sequela of his alleged vaccine-related injury. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf of Mr. Alston as a result of the alleged condition. 6. Respondent denies that Mr. Alston's alleged GBS and/or CIDP or its residual effects were caused by the flu vaccine and denies that the flu vaccine caused Mr. Alston any other injury or his death. 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-21(a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$4S,OOO.00 in the form of a check payable to petitioner as Executrix of the Estate of Charles Jeffrey Alston. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- l 5(a). 9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l}, and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I0. 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 2 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. I 1. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa- 15(i), subject to the availability of sufficient statutory funds. 12. Petitioner represents that she presently is, or within 90 days of the date ofjudgment will become, duly authorized to serve as legal representative of Mr. Alston's estate under the laws of the State of Pennsylvania. No payments pursuant to this Stipulation shall be made until petitioner provides the Secretary with documentation establishing her appointment as legal representative of Mr. Alston's estate. If petitioner is not authorized by a court of competent jurisdiction to serve as legal representative of Mr. Alston's estate at the time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as legal representative of Mr. Alston's estate upon submission of written documentation of such appointment to the Secretary. 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and as executrix of Mr. Alston' s estate, on petitioner's own behalf, and on behalf of Mr. Alston'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, 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 3 l Oet 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 Mr. Alston resulting from, or alleged to have resulted from, the flu vaccine administered on or about October 17, 2019, as alleged by petitioner in a petition for vaccine compensation tiled on October J I, 2022, in the United States Court of Federal Claims as petition No. 22-1494V. 15. If the 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 conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shaJI 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 Mr. Alston's alleged injury, any other injury or condition, or Mr. Alston's death. 18. All rights and obligations of petitioner in her capacity as executrix of Mr. Alston's estate shall apply equally to her heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Respeett\Jlly submitted. PE'ITl'IONIR: s~~ A'ITORNEY OJ' RECORD FOR AUTHORIZED REPRSENTATIVE PE1Tl10NER; OF THE AITORNEY GENERAL: . .HEATHER w c~ki-:P.w..&A~ L. PEARLMAN 1eftiey S. Pop & Associates Deputy Director 9150 Wilsbhe Blvd. Suite 241 Torts Branch Beverly Hills, CA 90212 Civil Division (310) 273-5462 U.S.DepartmentofJustice E-mail: jpop@popla~er.~om P.0.Box 146 Benjamin Franklin Station WashingtOn. DC 200#-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND BUMAN SERVICES: Olgltally signed by Jeffrey S • Jeffrey s. Beach -s ~~~ Date:202S.01.16 BeaC h ..S. 09:41:22 ~S'OO' for CAPT OBORGE REED OR.IMES. MD, MPH Director, Division of11\jury Trial Attorney Compc,Qaation Proarams Torts Branch Health Systems Bureau Civil Division Hoalth Reso\Rel and Services U.S. Department of Justice Administmtlon P.O.Box 146 U.S. Department ofHealth Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 YIShm Lane, 08W-2SA Tel: (202) 616-9824 Rockville, MD 20857 E-mail: Elizabeth,A.Andary@usdQj.gov Dated: ()J Ifft/ aoas s ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01494-cl-extra-11126769 Date issued/filed: 2025-08-25 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10660182 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1494V SHIRLEY ALSTON as executrix of ESTATE OF CHARLES JEFFREY Chief Special Master Corcoran ALSTON, Filed: July 23, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 11, 2022, Shirley Alston filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”) as the executrix of the estate of Charles Jeffrey Alston. Petitioner alleged that Mr. Alston suffered Guillain-Barré syndrome and/or chronic inflammatory demyelinating polyneuropathy related to vaccine administration following an influenza 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). vaccine he received on October 17, 2019. Petition, ECF No. 1. On January 28, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 31. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $43,368.31 (representing $35,947.50 in fees plus $7,420.81 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed May 2, 2025, ECF No. 36. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 36-4. Respondent reacted to the motion on May 13, 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. Respondent’s Response to Motion at 2-3, 3 n.2, ECF No. 37. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. 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. ECF No. 36-3 at 2-25. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $43,368.31 (representing $35,947.50 in fees plus $7,420.81 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision.3 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 filing a joint notice renouncing their right to seek review. 2