VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01646 Package ID: USCOURTS-cofc-1_22-vv-01646 Petitioner: Sage Comora Filed: 2022-11-04 Decided: 2024-05-13 Vaccine: influenza Vaccination date: 2021-09-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 26101 AI-assisted case summary: Sage Comora filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 29, 2021. The petition stated the injury lasted for more than six months. Respondent denied that the flu vaccine caused petitioner's alleged shoulder injury or any other condition. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Sage Comora a lump sum of $25,000.00 and $1,101.31 to reimburse a Medicaid lien for services rendered. This award represents compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties agreed to settle the issues of liability and damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01646-0 Date issued/filed: 2024-05-13 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 04/12/2024) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01646-UNJ Document 46 Filed 05/13/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1646V SAGE COMORA, Chief Special Master Corcoran Petitioner, Filed: April 12, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 4, 2022, Sage Comora filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”)vaccine received in her left arm on September 29, 2021. Petition at 1;Stipulation, filed April 11, 2024,at¶¶2-4.Petitioner further alleges the vaccine was administered in the United States, her injury lasted for more than six months, and neither Petitioner nor any other party has ever filed any action or received compensation in the form of an award or settlement for her vaccine-related injury. Petition at ¶¶ 2, 14-16; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury, and further denies that the flu vaccine caused petitioner to suffer from any other injury or her current condition.” Stipulation at ¶ 6. 1Because 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. 2National 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-01646-UNJ Document 46 Filed 05/13/24 Page 2 of 8 Nevertheless, on April 11, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A. A lump sum of $25,000.00 in the form of a check payable to Petitioner; and B. A lump sum of $1,101.31, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Colorado, in the form of a check payable jointly to Petitioner and the Colorado Department of Health Care Policy & Financing. Petitioner agrees to endorse this check to the Colorado Department of Health Care Policy & Financing and send it to the following address: Colorado Department of Health Care Policy & Financing ATTN: Stephanie Monterroso 303 E. 17th Avenue Denver, CO 80203 State ID No. Y623686 Stipulation at ¶ 8. These amounts represent 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-01646-UNJ Document 46 Filed 05/13/24 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SAGE COMORA, No. 22-1646V Petitioner, Chief Special Master Corcoran ECF v. SECRETARY OF HEAL TH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Sage Comora, 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 petitioner's receipt of the influenza vaccine, which is contained in the Vaccine Injury Table (the --Table"), 42 C.F.R. § I 00.3(a). 2. Petitioner received the influenza vaccine on or about September 29, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the table, or in the alternative, that her alleged shoulder injury was caused by the vaccine. Petitioner further alleges that she experienced the residual effects of this condition 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. Case 1:22-vv-01646-UNJ Document 46 Filed 05/13/24 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged shoulder injury, and further denies that the flu vaccine caused petitioner to suffer from any other injury or her current condition. 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 of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of $25,000.00 in the form of a check payable to petitioner; and B. A lump sum of$1,10J.31, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Colorado, in the form of a check payable jointly to petitioner and the Colorado Department of Health Care Policy & Financing. Petitioner agrees to endorse this check to the Colorado Department of Health Care Policy & Financing and send it to the following address: Colorado Department of Health Care Policy & Financing ATTN: Stephanie Monterroso 303 E. 17th Av enue Denver, CO 80203 State ID No. Y623686 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Colorado may have against any individual as a result of any Medicaid payments the Colorado Program has made to or on behalf of Sage Comora as a result of his alleged vaccine-related injury suffered on or about September 29, 2021, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-l 5(g), (h). 2 Case 1:22-vv-01646-UNJ Document 46 Filed 05/13/24 Page 5 of 8 These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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-21(a)(I), and an application, the parties will submit to fu1ther proceedings before the special master to award reasonable attorneys· fees and costs incurred in proceeding upon this petition. I0 . 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. 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-I 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 unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-I5 (a) and ( d), and subject to the conditions of 42 U. S.C. § 300aa-l 5(g) and (h). I 3. 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, 3 Case 1:22-vv-01646-UNJ Document 46 Filed 05/13/24 Page 6 of 8 does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and al I 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. § 300 aa-IO 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 influenza vaccination administered on or about September 29, 2021, as alleged in a petition for vaccine compensation filed on or about November 4, 2022, in the United States Court of Federal Claims as petition No. 22-l 646V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Comt on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms 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 shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the pa,t 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 4 Case 1:22-vv-01646-UNJ Document 46 Filed 05/13/24 Page 7 of 8 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 petitioner's alleged injury or any other injury or her current disability, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner· s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5 Case 1:22-vv-01646-UNJ Document 46 Filed 05/13/24 Page 8 of 8 Respectfully submitted. PETITIONER: ~ "\ ~ sAGBMORA A'ITORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE OF THE A1TORNEY GENERAL: 5 2 ~ ~ ~ ~Pe, , .46-:f UA,,--_ HEATIIER L. PEARLMAN Alholm Law, PC Deputy Dncctor ISO S. Wacker Drive Torts Branch Suitc2400 Civil Division Chicago. IL 60606 U.S.DepartmentofJustice TeJ: (312) 291-4615 Benjamin Franklin Station dan@sirvainjury.com Washington, OC 20044--0146 AUTHORIZED REPRESENTATIVE ATI'ORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND BUMAN SERVICES: =.:.:, Jeffrey S. ::;.:2.= Beach -S for CDR GEORGE REED GRIMF.s, MD, MPH MICHAEL J. LAN Director, Division of Injury Trial Attorney Compensation Programs Torts Branc~ Civil Division Health Systems Bumm U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Departmmt ofH ealth Washington, DC 20044-0146 md Human Services Tel: (202) 88~39 5600 Fishers Lane, 08W-25A MichacLLang3@usdoj.gov Rockville. MD 20857 Dated: 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01646-cl-extra-10735341 Date issued/filed: 2024-05-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268751 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1646V SAGE COMORA, Chief Special Master Corcoran Petitioner, Filed: April 12, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 4, 2022, Sage Comora filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received in her left arm on September 29, 2021. Petition at 1; Stipulation, filed April 11, 2024, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, her injury lasted for more than six months, and neither Petitioner nor any other party has ever filed any action or received compensation in the form of an award or settlement for her vaccine-related injury. Petition at ¶¶ 2, 14-16; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury, and further denies that the flu vaccine caused petitioner to suffer from any other injury or her current condition.” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Nevertheless, on April 11, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A. A lump sum of $25,000.00 in the form of a check payable to Petitioner; and B. A lump sum of $1,101.31, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Colorado, in the form of a check payable jointly to Petitioner and the Colorado Department of Health Care Policy & Financing. Petitioner agrees to endorse this check to the Colorado Department of Health Care Policy & Financing and send it to the following address: Colorado Department of Health Care Policy & Financing ATTN: Stephanie Monterroso 303 E. 17th Avenue Denver, CO 80203 State ID No. Y623686 Stipulation at ¶ 8. These amounts represent 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 SAGE COMORA, No. 22-1646V Petitioner, Chief Special Master Corcoran ECF v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Sage Comora, 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 petitioner's receipt of the influenza vaccine, which is contained in the Vaccine Injury Table (the --Table"), 42 C.F.R. § I 00.3(a). 2. Petitioner received the influenza vaccine on or about September 29, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the table, or in the alternative, that her alleged shoulder injury was caused by the vaccine. Petitioner further alleges that she experienced the residual effects of this condition 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. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged shoulder injury, and further denies that the flu vaccine caused petitioner to suffer from any other injury or her current condition. 7. Maintaining their above-stated positions, the parties neverthe less 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 of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of $25,000.00 in the form of a check payable to petitioner; and B. A lump sum of$1,10J.31, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Colorado, in the form of a check payable jointly to petitioner and the Colorado Department of Health Care Policy & Financing. Petitioner agrees to endorse this check to the Colorado Department of Health Care Policy & Financing and send it to the following address: Colorado Department of Health Care Policy & Financing ATTN: Stephanie Monterroso 303 E. 17th Avenue Denver, CO 80203 State ID No. Y623686 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Colorado may have against any individual as a result of any Medicaid payments the Colorado Program has made to or on behalf of Sage Comora as a result of his alleged vaccine-related injury suffered on or about September 29, 2021, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-l 5(g), (h). 2 These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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-21(a)(I), and an application, the parties will submit to fu1ther proceedings before the special master to award reasonable attorneys· fees and costs incurred in proceeding upon this petition. I0. 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. 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- I 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 unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa- I5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). I 3. 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, 3 does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and al I 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. § 300 aa- IO 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 influenza vaccination administered on or about September 29, 2021, as alleged in a petition for vaccine compensation filed on or about November 4, 2022, in the United States Court of Federal Claims as petition No. 22-l 646V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Comt on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms 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 shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the pa,t 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 4 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 petitioner's alleged injury or any other injury or her current disability, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner· s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5 Respectfully submitted. PETITIONER: ~ "\ sAGBMORA ~ A'ITORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE OF THE A1TORNEY GENERAL: 52~~ Alholm Law, PC ISO S. Wacker Drive , .46-:f ~ ~Pe, UA,,--_ HEATIIER L. PEARLMAN Deputy Dncctor Torts Branch Suitc2400 Civil Division Chicago. IL 60606 U.S.DepartmentofJustice TeJ: (312) 291-4615 Benjamin Franklin Station dan@sirvainjury.com Washington, OC 20044--0146 AUTHORIZED REPRESENTATIVE ATI'ORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND BUMAN SERVICES: Jeffrey S. =.:.:, Beach -S ::;.:2.= for CDR GEORGE REED GRIMF.s, MD, MPH MICHAEL J. LAN Director, Division of Injury Trial Attorney Compensation Programs Torts Branc~ Civil Division Health Systems Bumm U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Departmmt ofHealth Washington, DC 20044-0146 md Human Services Tel: (202) 88~39 5600 Fishers Lane, 08W-25A MichacLLang3@usdoj.gov Rockville. MD 20857 Dated: 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01646-cl-extra-10734453 Date issued/filed: 2024-08-23 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267863 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1646V SAGE COMORA, Chief Special Master Corcoran Petitioner, v. Filed: July 23, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 4, 2022, Sage Comora filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleged that she suffered a shoulder injury related to vaccine administration resulting from an influenza vaccine received in her left arm on September 29, 2021. Petition, ECF No. 1. On April 12, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 38. 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 $29,786.83 (representing $28,544.50 in fees plus $1,242.33 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed April 24, 2024, ECF No. 43. Furthermore, Petitioner filed a signed statement representing that she incurred no personal out-of- pocket expenses. ECF No. 42. Respondent reacted to the motion on April 25, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 44. On the same day, Petitioner indicated that she does not intend to file a substantiv e reply to Respondent’s response. ECF No. 45. 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. 43-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $29,786.83 (representing $28,544.50 in fees plus $1,242.33 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Daniel Alholm. 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