VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01742 Package ID: USCOURTS-cofc-1_22-vv-01742 Petitioner: Juanita Fishbaugh Filed: 2022-11-28 Decided: 2024-09-03 Vaccine: influenza Vaccination date: 2021-09-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Juanita Fishbaugh filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 25, 2021. She further alleged that the residual effects of her injury lasted for more than six months. Respondent denied that Ms. Fishbaugh sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. 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 Ms. Fishbaugh a total of $45,000. This amount included $42,343.16 as a lump sum payable to her and $2,656.84 to reimburse a Medicaid lien for services rendered by the State of Washington. These payments represent compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01742-0 Date issued/filed: 2024-09-03 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 07/30/2024) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01742-UNJ Document 35 Filed 09/03/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1742V JUANITA FISHBAUGH, Chief Special Master Corcoran Petitioner, v. Filed: July 30, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Alexander Tierney, Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Madylan Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 28, 2022, Juanita Fishbaugh 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”) as a result of an influenza (“flu”) vaccine she received on September 25, 2021. Petition at 1; Stipulation, filed at July 29, 2024, ¶¶ 1-4. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Petition at 6; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on July 29, 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. 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-01742-UNJ Document 35 Filed 09/03/24 Page 2 of 8 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: a) A lump sum of $42,343.16 in the form of a check payable to Petitioner. b) A lump sum of $2,656.84, representing reimbursement for a Medicaid lien for services rendered to petitioner by the State of Washington, in the form of a check payable jointly to petitioner and Optum P.O. Box 182643 Columbus, OH 43218 Event Number 94813818 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-01742-UNJ Document 35 Filed 09/03/24 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JUANITA FISHBAUGH, Petitioner, No. 22-1742V Chief Special Master Corcoran v. ECF SECRETARY OF HEAL TH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Juanita Fishbaugh {"petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the "Vaccine Program"}. The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza {"flu'') vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a}. 2. Petitioner received a flu vaccine on September 25, 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. She further aJleges 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 on her behalf as a result of her alleged injury. Case 1:22-vv-01742-UNJ Document 35 Filed 09/03/24 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequel a of a vaccine-related 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 tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a) A lump sum of$42,343.16 in the form of a check payable to petitioner; and b) A lump sum of$2,6S6.84, 1 representing reimbursement for a Medicaid lien for services rendered to petitioner by the State of Washington, in the fonn of a check payable jointly to petitioner and Optum P.O. Box 182643 Columbus, OH, 43218 Event Number 94813818 Petitioner agrees to endorse this check to "Optum." These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-J S(a). 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Washington may have against any individual as a result of any Medicaid payments the Washington State Program has made to or on behalf of Juanita Fishbaugh as a result of her alleged vaccine-related injury following the flu vaccine administered on September 25, 2021, under Title XIX of the Social Security Act, see 42 U .S.C. § 300aa-1 S(g}, (h). 2 Case 1:22-vv-01742-UNJ Document 35 Filed 09/03/24 Page 5 of 8 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(aX1 ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and 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. J I. 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-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for 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-15(a) and (d ), and subject to the conditions of 42 U. S.C. § 300aa-l 5(g) and (h ). I3 . 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 irrevocably and unconditionally release, acquit and discharge the United States and 3 Case 1:22-vv-01742-UNJ Document 35 Filed 09/03/24 Page 6 of 8 the Secretary of Health and Human Services 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 vaccination administered on September 25, 2021, as alleged in a petition for vaccine compensation filed on or about November 28, 2022, in the United States Court of Federal Claims as petition No. 22-J7 42V 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 confonnity with the 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 tenns of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. J6 . This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the 4 Case 1:22-vv-01742-UNJ Document 35 Filed 09/03/24 Page 7 of 8 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 disabilities, 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 5 Case 1:22-vv-01742-UNJ Document 35 Filed 09/03/24 Page 8 of 8 Respectfully submitted, PETITIONER: AT TORNEV OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE AT TORNEV GENERAL: ~L~ ~':t---Pl-J.AN-- DVID A. TIERNEY HEATHER L. PEARLMAN Rawls Law Group, P.C. Deputy Director 211 Rocketts Way, Torts Branch, Civil Division Suite 100 U.S. Department of Justice Richmond, VA P.O. Box. 146 (804) 344-0038 Benjamin Franklin Station dtierney@rawlslawgroup.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey $ • Digitally signed by Jeffrey S. BeKh ·S 8 eac h - S 0 D 1 a : t s e 1 : : 2 4 0 0 2 · 4 0 . 4 0 · 7 o . o 1 · 2 for CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury ri Attor y Compensation Programs Torts Branch, Civil Divisi n Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U. S. Department of Health Washington, OC 20044-0146 and Human Services (202) 742~6376 5600 Fishers Lane, 08W-25A madylan.l.yarc@usdoj.gov Rockville, MD 20857 1 Dated: 0 / 1. 'f / 2.,.021/ • • 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01742-cl-extra-10734367 Date issued/filed: 2024-09-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267777 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1742V JUANITA FISHBAUGH, Chief Special Master Corcoran Petitioner, v. Filed: July 30, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Alexander Tierney, Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Madylan Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 28, 2022, Juanita Fishbaugh 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”) as a result of an influenza (“flu”) vaccine she received on September 25, 2021. Petition at 1; Stipulation, filed at July 29, 2024, ¶¶ 1-4. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Petition at 6; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on July 29, 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. 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). Pursuant to the terms stated in the attached Stipulation, I award the following compensation: a) A lump sum of $42,343.16 in the form of a check payable to Petitioner. b) A lump sum of $2,656.84, representing reimbursement for a Medicaid lien for services rendered to petitioner by the State of Washington, in the form of a check payable jointly to petitioner and Optum P.O. Box 182643 Columbus, OH 43218 Event Number 94813818 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 JUANITA FISHBAUGH, Petitioner, No. 22-1742V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Juanita Fishbaugh {"petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the "Vaccine Program"}. The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza {"flu'') vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a}. 2. Petitioner received a flu vaccine on September 25, 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. She further aJleges 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 on her behalf as a result of her alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequel a of a vaccine-related 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 of judgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a) A lump sum of$42,343.16 in the form of a check payable to petitioner; and b) A lump sum of$2,6S6.84, 1 representing reimbursement for a Medicaid lien for services rendered to petitioner by the State of Washington, in the fonn of a check payable jointly to petitioner and Optum P.O. Box 182643 Columbus, OH, 43218 Event Number 94813818 Petitioner agrees to endorse this check to "Optum." These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-J S(a). 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Washington may have against any individual as a result of any Medicaid payments the Washington State Program has made to or on behalf of Juanita Fishbaugh as a result of her alleged vaccine-related injury following the flu vaccine administered on September 25, 2021, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-1 S(g}, (h). 2 9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(aX1 ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and 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. J I. 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-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for 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-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). I3. 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 irrevocably and unconditionally release, acquit and discharge the United States and 3 the Secretary of Health and Human Services 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 vaccination administered on September 25, 2021, as alleged in a petition for vaccine compensation filed on or about November 28, 2022, in the United States Court of Federal Claims as petition No. 22- J742V 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 confonnity with the 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 tenns of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. J6. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the 4 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 disabilities, 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 5 Respectfully submitted, PETITIONER: ATTORNEV OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEV GENERAL: ~L~ DVID A. TIERNEY ~':t---Pl-J.AN-- HEATHER L. PEARLMAN Rawls Law Group, P.C. Deputy Director 211 Rocketts Way, Torts Branch, Civil Division Suite 100 U.S. Department of Justice Richmond, VA P.O. Box. 146 (804) 344-0038 Benjamin Franklin Station dtierney@rawlslawgroup.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey $ • Digitally signed by Jeffrey S. BeKh ·S Date: 2024.07.12 8 each -S for 01:s1:40 ·04·oo· CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury ri Attor y Compensation Programs Torts Branch, Civil Divisi n Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U. S. Department of Health Washington, OC 20044-0146 and Human Services (202) 742~6376 5600 Fishers Lane, 08W-25A madylan.l .yarc@ usdo j.gov Rockville, MD 20857 Dated: 0 1/ 1.'f / 2.,.021/ • • 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01742-cl-extra-10830314 Date issued/filed: 2025-03-25 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10363726 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1742V JUANITA FISHBAUGH, Chief Special Master Corcoran Petitioner, v. Filed: February 19, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Alexander Tierney, Rawls Law Group, Richmond, VA, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 28, 2022, Juanita Fishbaugh 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”) as a result of an influenza (“flu”) vaccine she received on September 25, 2021. Petition at 1. On July 30, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 29. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $13,070.17 (representing $11,462.60 in fees plus $1,399.67 in costs). Application for 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. 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). Attorneys’ Fees and Costs (“Motion”) filed August 27, 2024, ECF No. 33. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 33-3. Respondent reacted to the motion on August 28, 2024, indicating that he is does not oppose Petitioner’s request for fees, however Respondent’s “lack of objection to the amount sought in this case should not be construed as admission, concession, or waiver as to the hourly rates requested, the number of hours billed, or the other litigation related cost.” Response to Motion for Attorney’s Fees. ECF No. 34. On October 3, 2024, Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 36. 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. 33-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $13,070.17 (representing $11,462.60 for attorneys’ fees and $1,399.67 for attorney’s costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2