VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01559 Package ID: USCOURTS-cofc-1_22-vv-01559 Petitioner: Lashawn L. Long Filed: 2022-10-20 Decided: 2024-03-07 Vaccine: influenza Vaccination date: 2021-10-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62500 AI-assisted case summary: Lashawn L. Long filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 13, 2021. The respondent conceded that Mr. Long's injury was consistent with SIRVA, as defined by the Vaccine Injury Table. The respondent noted that Mr. Long had no prior history of shoulder issues, experienced pain within 48 hours of the vaccination, and the pain was localized to the injection site. The respondent also agreed that Mr. Long suffered the effects of the injury for more than six months and met all other requirements for compensation. A ruling on entitlement was issued on November 17, 2023, finding Mr. Long entitled to compensation. Subsequently, on January 5, 2024, the respondent filed a proffer recommending an award of $62,500.00 for pain and suffering, which Mr. Long accepted. The Chief Special Master issued a decision awarding Mr. Long a lump sum payment of $62,500.00 for all damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01559-0 Date issued/filed: 2023-12-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/17/2023) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01559-UNJ Document 22 Filed 12/19/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1559V LASHAWN L. LONG, Chief Special Master Corcoran Petitioner, Filed: November 17, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Scott B. Taylor, Urban & Taylor, SC, Milwaukee, WI, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 20, 2022, Lashawn L. Long 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 he suffered a Table injury – a shoulder injury related to vaccine administration (“SIRVA”), as a result of his receipt of an influenza (“flu”) vaccination on October 13, 2021. Petition at 1. Petitioner further alleges the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at 1, ¶¶ 2, 30, 35. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:22-vv-01559-UNJ Document 22 Filed 12/19/23 Page 2 of 2 On November 16, 2023, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent states that he has concluded that petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of his right shoulder prior to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain. Id. at 3 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner suffered the sequela of his injury for more than six months and has satisfied all other requirements for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01559-cl-extra-10736695 Date issued/filed: 2023-12-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270105 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1559V LASHAWN L. LONG, Chief Special Master Corcoran Petitioner, Filed: November 17, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Scott B. Taylor, Urban & Taylor, SC, Milwaukee, WI, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On October 20, 2022, Lashawn L. Long 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 he suffered a Table injury – a shoulder injury related to vaccine administration (“SIRVA”), as a result of his receipt of an influenza (“flu”) vaccination on October 13, 2021. Petition at 1. Petitioner further alleges the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at 1, ¶¶ 2, 30, 35. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). On November 16, 2023, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent states that he has concluded that petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of his right shoulder prior to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain. Id. at 3 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner suffered the sequela of his injury for more than six months and has satisfied all other requirements for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01559-1 Date issued/filed: 2024-03-07 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 01/31/2024) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01559-UNJ Document 32 Filed 03/07/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1559V LASHAWN L. LONG, Chief Special Master Corcoran Petitioner, Filed: January 31, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Scott B. Taylor, Urban & Taylor, SC, Milwaukee, WI, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 20, 2022, Lashawn L. Long 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 he suffered a Table injury – a shoulder injury related to vaccine administration (“SIRVA”), as a result of his receipt of an influenza (“flu”) vaccination on October 13, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 17, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 5, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $62,500.00 (representing pain and suffering). Proffer at 1. In the Proffer, Respondent represented 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-01559-UNJ Document 32 Filed 03/07/24 Page 2 of 5 that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $62,500.00 (representing pain and suffering), in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:22-vv-01559-UNJ Document 32 Filed 03/07/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LASHAWN L. LONG, Petitioner, No. 22-1559V v. Chief Special Master Corcoran SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 20, 2022, Lashawn L. Long (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to –34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza vaccination administered on October 13, 2021. Petition at 1. On November 16, 2023, respondent filed his Vaccine Rule 4(c) report, recommending that compensation be awarded. ECF No. 18. On November 18, 2023, this Court issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 20. I. Items of Compensation Respondent proffers that petitioner should be awarded $62,500.00, consisting entirely of compensation for pain and suffering. This represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:22-vv-01559-UNJ Document 32 Filed 03/07/24 Page 4 of 5 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $62,500.00, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, Lashawn L. Long. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Lashawn L. Long: $62,500.00. Respectfully submitted, BRIAN BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:22-vv-01559-UNJ Document 32 Filed 03/07/24 Page 5 of 5 s/ Jennifer A. Shah Jennifer A. Shah Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-2181 Jennifer.shah@usdoj.gov Dated: January 5, 2024 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_22-vv-01559-cl-extra-10735990 Date issued/filed: 2024-03-07 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269400 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1559V LASHAWN L. LONG, Chief Special Master Corcoran Petitioner, Filed: January 31, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Scott B. Taylor, Urban & Taylor, SC, Milwaukee, WI, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On October 20, 2022, Lashawn L. Long 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 he suffered a Table injury – a shoulder injury related to vaccine administration (“SIRVA”), as a result of his receipt of an influenza (“flu”) vaccination on October 13, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 17, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 5, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $62,500.00 (representing pain and suffering). Proffer at 1. In the Proffer, Respondent represented 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). that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $62,500.00 (representing pain and suffering), in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LASHAWN L. LONG, Petitioner, No. 22-1559V v. Chief Special Master Corcoran SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 20, 2022, Lashawn L. Long (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to –34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza vaccination administered on October 13, 2021. Petition at 1. On November 16, 2023, respondent filed his Vaccine Rule 4(c) report, recommending that compensation be awarded. ECF No. 18. On November 18, 2023, this Court issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 20. I. Items of Compensation Respondent proffers that petitioner should be awarded $62,500.00, consisting entirely of compensation for pain and suffering. This represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $62,500.00, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, Lashawn L. Long. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Lashawn L. Long: $62,500.00. Respectfully submitted, BRIAN BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 s/ Jennifer A. Shah Jennifer A. Shah Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-2181 Jennifer.shah@usdoj.gov Dated: January 5, 2024 3 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_22-vv-01559-cl-extra-10734809 Date issued/filed: 2024-07-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268219 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1559V LASHAWN L. LONG, Chief Special Master Corcoran Petitioner, v. Filed: June 6, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Scott B. Taylor, Urban & Taylor, SC, Milwaukee, WI, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 20, 2022, Lashawn L. Long 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 he suffered a Table injury – a shoulder injury related to vaccine administration as a result of his receipt of an influenza vaccination on October 13, 2021. Petition, ECF No. 1. On January 31, 2024, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 25. 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 $19,343.24 (representing $18,607.40 in fees plus $735.84 in costs). Application for Fees and Costs (“Motion”) filed Feb. 16, 2024, ECF No. 29. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out-of-pocket expenses. ECF No. 29-6. Respondent reacted to the motion on Mar. 1, 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. Respondent’s Response to Motion at 2-3, ECF No. 30. Petitioner filed a reply stating that she does not intend to file a substantive reply to Respondent’s response. ECF No. 31. The rates requested for work performed through the end of 2023 are reasonable and consistent with our prior determinations and will therefore be adopted. Petitioner has also requested the hourly rate of $538 for 2024 work performed by attorney Scott B. Taylor, representing a rate increase of $56. Motion at 7. I find the requested increase to be reasonable and will award the attorney’s fees requested. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 29-4. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs to be reasonable and shall award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $19,343.24 (representing $18,607.40 in fees plus $735.84 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Scott B. Taylor. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this Decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2