VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01550 Package ID: USCOURTS-cofc-1_22-vv-01550 Petitioner: Judith Huffman Filed: 2022-10-18 Decided: 2024-01-29 Vaccine: influenza Vaccination date: 2021-09-30 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Judith Huffman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 30, 2021. She claimed this was a Table injury and that she experienced residual effects for more than six months. Respondent initially denied that Petitioner sustained a Table SIRVA within the Table timeframe or that the vaccine caused her injury. However, the parties later filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Corcoran adopted the stipulation, awarding Judith Huffman a lump sum of $40,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The stipulation also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs. The case was resolved via stipulation, with the award reflecting a compromise of the parties' respective positions on liability and damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01550-0 Date issued/filed: 2024-01-29 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/28/2023) regarding 28 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01550-UNJ Document 34 Filed 01/29/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1550V JUDITH HUFFMAN, Chief Special Master Corcoran Petitioner, Filed: December 28, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 18, 2022, Judith Huffman 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 related to vaccine administration (“SIRVA”), a Table injury, resulting from an influenza (“flu”) vaccine she received on September 30, 2021. Pet. at 1, ECF No. 1. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of her condition. Id. at 6. Respondent denies “that [P]etitioner sustained a Table SIRVA within the Table timeframe, and denies that the flu vaccine in fact caused her alleged shoulder injury and residual effects, or any other injury.” Stipulation at 2, ECF No. 27. Nevertheless, on December 28, 2023, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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-01550-UNJ Document 34 Filed 01/29/24 Page 2 of 8 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 $40,000.00 in the form of a check payable to Petitioner. Stipulation at 2. 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-01550-UNJ Document 34 Filed 01/29/24 Page 3 of 8 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JUDITH HUFFMAN, ) ) Petitioner, ) ) No. 22-1550V (ECF) V. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___ ______________ ) STIPULATION The parties hereby stipulate to the following matters: 1. Judith Huffman ("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 sustained following petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the 'Table"}, 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on September 30, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained the first symptom or manifestation of onset of a left Shoulder Injury Related to Vaccine Administration ("SIRVA") within the time period set forth in the Table. Petitioner further alleges that she experienced the residual effects of her SIRVA for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. ENV83972931-9244-BBAB-3310-FEBF 12/19/2023 02:08 AM UTC Case 1:22-vv-01550-UNJ Document 34 Filed 01/29/24 Page 4 of 8 6. Respondent denies that petitioner sustained a Table SIRVA within the Table timeframe, and denies that the flu vaccine in fact caused her alleged shoulder injury and residual effects, or any other 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 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $40,000.00 in the fonn of a check payable to petitioner, Judith Huffman, which 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-2 l (a)(!), 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. 10. 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-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. 2 ENV83972931-9244-BBAB-3310-FEBF 12/19/2023 02:08 AM UTC Case 1:22-vv-01550-UNJ Document 34 Filed 01/29/24 Page 5 of 8 11. Payment 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-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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C. § 300aa-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 her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does forever in-evocably and unconditionally release, acquit and discharge the Secretary of Health and Human Services and the United States of America 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 vaccine administered on September 30, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about October I 8, 2022, in the United States Court of Federal Claims as petition No. 22-1550V. 14. If 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. If the special master fails to issue a decision in complete conformity with the 3 ENV83972931-9244-BBAB-3310-FEBF 12/19/2023 02:08 AM UTC Case 1:22-vv-01550-UNJ Document 34 Filed 01/29/24 Page 6 of 8 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 terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National 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 of America or the Secretary of Health and Human Services that petitioner's alleged left shoulder injury and residual effects, or any other injury, were caused by the flu vaccine. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, successors and/or assigns. END OF STIPULATION I I I I I I I I I I I 4 ENV83972931-9244-BBAB·3310-FEBF 12/19/2023 02:08 AM UTC Case 1:22-vv-01550-UNJ Document 34 Filed 01/29/24 Page 7 of 8 Respectfully submitted, PETITIONER: JUDITH HUFFMAN ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ,.A1-,l~ ~ ~ HEATHER L. PEARLMAN Shann aw Group, P.C. Deputy Director obson Road Torts Branch, Civil Division Woodridge, IL 60517 U.S. Department of Justice Tel.: (312) 578-9501 P.O. Box 146 Email: jsvitak@shannonlawgroup.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: p Henry Digitally signed by Hen,y • P. Mcmillan-S5 by Mcmillan _55 :~~~~023.11.111s,s1,20 CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Compensation Programs Health Systems Bureau Civil Division Health Resources and U.S. Department of Justice Services Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel.: (202) 616-4136 Rockville, MD 20857 Email: voris.johnson@usdoj.gov 5 ENV83972931-9244-BBAB-3310-FEBF 12/19/2023 02:08 AM UTC Case 1:22-vv-01550-UNJ Document 34 Filed 01/29/24 Page 8 of 8 Envelope Data Subject: Shannon Law Group -Huffman • Stipulation Documents: Huffman 22-1550V Stipulation.pdf Document Hash: 21175747 Envelope ID: ENV83972931-9244-8BAB-3310-FE8F Sender: Admin Shannon Law Group Sent: 12/19/2023 01:17 AM UTC Status: Completed Access Authentication: None Status Date: 12/19/2023 02:08 AM UTC Email Access Code: Unchecked Email Verification: Not enabled Recipients / Roles [~;;-;;1··R;;~-·----, -----~----TE~~il_ _________ ,_ _ , I Admin Shannon·::-=~- admin@shannonlawgroup.com ,---------------····-----··------·-·---· I ,_ Ju_di th Huffman judyshuffman@gmail.com : Document Events ! G~~~~-H -------------=--·-·-·•-··•-._-_·-__- __ ~;~·:::~~:Sn Law ..,'i_P_f:~--- 1I~;:~912m o1 Event ,.JL ____ ---------~J_a~~'.~@s~~~o_n_la-w_g~~'::,c_o_m_ _______ 23.25.47 .185 .. _ ..:.11.~JJTC ·----'c_ r_e_a_t_ e _d_ ____- 1 , I i 7-·· 1211912023 02 s· d Judith Huffman judyshuffman@gmail.com 104. 28.33.131 :0 AM UTC , 1gne 8 •------------·· 7 -·---·- 112/19/2023-02 : ---- -----------------'-----~-- :OS AM UTC _ 1 Status· Completed~ Signer Signatures ---.-I,- n-it-ia-ls_ _____________ ~~;~N~;/Roles ·==----~~---·._si_g_na_t_u_re_-·_ __________ 'Judith Huffman L. ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01550-cl-extra-10736348 Date issued/filed: 2024-01-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269758 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1550V JUDITH HUFFMAN, Chief Special Master Corcoran Petitioner, Filed: December 28, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On October 18, 2022, Judith Huffman 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 related to vaccine administration (“SIRVA”), a Table injury, resulting from an influenza (“flu”) vaccine she received on September 30, 2021. Pet. at 1, ECF No. 1. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of her condition. Id. at 6. Respondent denies “that [P]etitioner sustained a Table SIRVA within the Table timeframe, and denies that the flu vaccine in fact caused her alleged shoulder injury and residual effects, or any other injury.” Stipulation at 2, ECF No. 27. Nevertheless, on December 28, 2023, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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). 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 $40,000.00 in the form of a check payable to Petitioner. Stipulation at 2. 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 ) JUDITH HUFFMAN, ) ) Petitioner, ) ) No. 22-1550V (ECF) V. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___ ______________) STIPULATION The parties hereby stipulate to the following matters: 1. Judith Huffman ("petitioner") fi led 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 sustained following petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the 'Table"}, 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on September 30, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained the first symptom or manifestation of onset of a left Shoulder Injury Related to Vaccine Administration ("SIRVA") within the time period set forth in the Table. Petitioner further alleges that she experienced the residual effects of her SIRVA for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. ENV83972931-9244-BBAB-3310-FEBF 12/19/2023 02:08 AM UTC 6. Respondent denies that petitioner sustained a Table SIRVA within the Table timeframe, and denies that the flu vaccine in fact caused her alleged shoulder injury and residual effects, or any other 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 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $40,000.00 in the fonn of a check payable to petitioner, Judith Huffman, which 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 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-2 l (a)(!), 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. 10. 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-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. 2 ENV83972931-9244-BBAB-3310-FEBF 12/19/2023 02:08 AM UTC 11. Payment 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-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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C. § 300aa-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 her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does forever in-evocably and unconditionally release, acquit and discharge the Secretary of Health and Human Services and the United States of America 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 vaccine administered on September 30, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about October I 8, 2022, in the United States Court of Federal Claims as petition No. 22-1550V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the 3 ENV83972931-9244-BBAB-331 0-FEBF 12/19/2023 02:08 AM UTC 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 terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National 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 of America or the Secretary of Health and Human Services that petitioner's alleged left shoulder injury and residual effects, or any other injury, were caused by the flu vaccine. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, successors and/or assigns. END OF STIPULATION I I I I I I I I I I I 4 ENV83972931-9244-BBAB·3310-FEBF 12/19/2023 02:08 AM UTC Respectfully submitted, PETITIONER: JUDITH HUFFMAN ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ,.A1-,l~ ~ ~ HEATHER L. PEARLMAN Shann aw Group, P.C. Deputy Director obson Road Torts Branch, Civil Division Woodridge, IL 60517 U.S. Department of Justice Tel.: (312) 578-9501 P.O. Box 146 Email: jsvitak@shannonlawgroup.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Henry p• Digitally signed by Hen,y P. Mcmillan -S5 by Mcmillan _55 :~~~~023.11.111s,s1,20 CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Compensation Programs Health Systems Bureau Civil Division Health Resources and U.S. Department of Justice Services Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel.: (202) 616-4136 Rockville, MD 20857 Email: voris.johnson@usdoj.gov 5 ENV83972931-9244-BBAB-3310-FEBF 12/19/2023 02:08 AM UTC Envelope Data Subject: Shannon Law Group - Huffman • Stipulation Documents: Huffman 22-1550V Stipulation.pdf Document Hash: 21175747 Envelope ID: ENV83972931 -9244-8BAB-3310-FE8F Sender: Admin Shannon Law Group Sent: 12/19/2023 01:17 AM UTC Status: Completed Access Authentication: None Status Date: 12/ 19/2023 02:08 AM UTC Email Access Code: Unchecked Email Verification: Not enabled Recipients / Roles [~;;-;;1··R;;~-·----, -----~----TE~~il__________,__, Admin Shannon·: : -= ~- Iadmin@shannonlawgroup.com ,------------ ---····-----··------·-·---· , Judith Huffman :__ Ijudyshuffman@gmail.com Document Events ~ ; ~·:::~~:Sn Law G~~~~-H-------------=--·-·-·•-··•-._-_·-_-_ __..,'_iP_f : ~- - - ! 1I~;:~912m o1 Event ,.JL ____ - - - - - - - - - ~ J_a~~'. ~@s~~~o_n_la-w_g~~'::,c_o_ m________ 23.25.47 .185 .. _ ..:.11.~JJTC ·----'c_ r_e_at__e_d_____-1 ,Judith Huffman Ii judyshuffman@gmail.com 1211912023 02 s· d •------------·· 7 -·---·- 7-·· 104. 28.33.131 :0 AM UTC 8 , 1gne 112/19/2023- 02 : - - - - - - - - - - - - - - - - - - - - - ' - - - - - ~ - - :OS AM UTC _ 1Status· Completed~ Signer Signatures ---.-I,-n-it-ia-ls______________ ~~;~N~;/Roles ·==----~~---·._ si_g_na _t_u_re_-·_ _ _ _ _ _ _ _ _ __ ' Judith Huffman L. ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01550-cl-extra-10735401 Date issued/filed: 2024-05-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268811 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1550V JUDITH HUFFMAN, Chief Special Master Corcoran Petitioner, v. Filed: April 4, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 18, 2022, Judith Huffman 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 related to vaccine administration a Table injury, resulting from an influenza vaccine she received on September 30, 2021. Petition, ECF No. 1. On December 28, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 28. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other inf ormation, the disclosure of which would constitute an unwarranted invasion of privacy. If , upon review, I agree that the identified material fits within this definition, I will redact such material f rom public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $19,725.04 (representing $19,094.70 in fees, plus $630.34 in costs). Petitioner’s Application for Fees and Costs filed Jan. 9, 2024, ECF No. 32. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. Id. at 3. Respondent reacted to the Fees Motion on Jan. 16, 2024, reporting that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Response to Motion at 2-3, ECF No. 33. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s requests and find a reduction in the amount of fees to be awarded appropriate, for the reasons listed below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Hum. Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Hum. Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Hum. Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Hum. Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Hum. Servs., 24 Cl. Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private 2 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES The hourly rates requested by Attorney Jonathan Svitak, and all other attorneys and paralegals that performed work in this matter, for time billed through the end of 2023 are reasonable and consistent with our prior determinations, and will therefore be adopted herein. But the requested hourly rate of $415 for 2024 work performed by Mr. Svitak requires adjustment. Mr. Svitak was previously awarded a rate of $350 per hour for work performed in 2022, and $380 per hour for work performed in 2023, representing an increase of $30 for each successive year. See Foulker v. Sec'y of Health & Hum. Servs., No. 20-1955, Slip Op, 51 (Fed. Cl. Spec. Mstr. May 31, 2023); Miller v. Sec'y of Health & Hum. Servs., No. 21-0570, Slip Op, 41 (Fed. Cl. Spec. Mstr. Sept. 22, 2023). Accordingly, there is a discrepancy in terms of gradual increase between those rates and what is requested for subsequent years (which if permitted would be a larger increase of $35). In the Vaccine Program, an attorney’s previously established rate is considered when determining and approving subsequent hourly rates. Relying on the rate of increase used in 2023, ($30 for each successive year) would result in a rate of $410 per hour for 2024. Thus, in order to maintain a fair consistency, while also permitting a rate increase, I shall award Mr. Svitak the lesser rate of $410 per hour, for work performed in 2024. Application of this rate results in a reduction in the amount of fees to be awarded herein of $11.50. 3 ATTORNEY COSTS Petitioner requests $630.34 in costs. This amount is comprised of obtaining medical records, shipping costs, and the Court’s filing fee. Petitioner has provided supporting documentation for all claimed costs. ECF No. 32-4. Respondent offered no specific objection to the rates or amounts sought. 3 This amount is calculated as: ($415 - $410 = $5 x 2.30 hrs.) = $11.50 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 $19,713.54 (representing $19,083.20 in fees plus $630.34 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Shannon Law Group, P.C. In the absence of a timely-filed Motion for Review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this Decision. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 4