VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01825 Package ID: USCOURTS-cofc-1_22-vv-01825 Petitioner: Kevin C. McCarthy Filed: 2022-12-15 Decided: 2024-07-01 Vaccine: Tdap Vaccination date: 2022-05-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 12500 AI-assisted case summary: Kevin C. McCarthy filed a petition for vaccine compensation on December 15, 2022, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine and a meningococcal vaccine on May 9, 2022. The Tdap vaccine was administered in his right arm, and the meningococcal vaccine in his left arm. Petitioner later filed an amended petition on February 20, 2024. He alleged that he received the vaccines within the United States, suffered residual effects of his SIRVA for more than six months, and had not filed a civil action or received other compensation for the injury. The respondent denied that Mr. McCarthy sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on May 30, 2024, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Mr. McCarthy was awarded a lump sum of $12,500.00, payable by check, representing compensation for all items of damages. The decision was issued on July 1, 2024. Petitioner was represented by Bradley S. Freedberg, and Respondent was represented by Ryan Nelson. Theory of causation field: Petitioner Kevin C. McCarthy received a Tdap vaccine and a meningococcal vaccine on May 9, 2022. He alleged a shoulder injury related to vaccine administration (SIRVA), which is a defined Table injury, and alternatively alleged that the vaccine caused his shoulder injury. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injury. The parties filed a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $12,500.00 for all items of damages. The decision was issued on July 1, 2024. Petitioner was represented by Bradley S. Freedberg, and Respondent was represented by Ryan Nelson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01825-0 Date issued/filed: 2024-07-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/30/2024) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01825-UNJ Document 45 Filed 07/01/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1825V KEVIN C. MCCARTHY, Chief Special Master Corcoran Petitioner, Filed: May 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bradley S. Freedberg, Bradley S. Freedberg, P.C., Denver, CO, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 15, 2022, Kevin C. McCarthy 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 filed an amended petition on February 20, 2024. ECF No. 30. Petitioner alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury and also caused-in-fact injury, after receiving the tetanus, diphtheria, acellular pertussis (“Tdap”) and meningococcal vaccines on May 9, 2022. Amended Petition at ¶¶ 1, 5-6; Stipulation, filed May 30, 2024, ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccines within the United States, that he suffered the residual effects of his SIRVA for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his SIRVA. Amended Petition at ¶¶ 1, 5-6; Stipulation at ¶¶ 3-5. Vaccine records show that Petitioner received the Tdap vaccine in his right injured arm and the meningococcal vaccine in his opposing, left arm. Exhibits 3-4, ECF Nos. 7-3, 7-4. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any 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-01825-UNJ Document 45 Filed 07/01/24 Page 2 of 7 other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on May 30, 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 lump sum of $12,500.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 C ase 1:22-vv-01825-UNJ Document 45 Filed 07/01/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KEVIN C. MCCARTHY, Petitioner, No. 22-l 825V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The pa11ies hereby stipulate to the following matters: l. Kevin C. McCa11hy ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of a tetanus/diphtheria/acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § l00.3(a) 2. Petitioner received a Tdap vaccine on May 9, 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that his alleged shoulder injury was caused by the vaccine. He further alleges that he experienced the residual effects of this condition for more than six months. C ase 1:22-vv-01825-UNJ Document 45 Filed 07/01/24 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his 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 his current condition is a sequela 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 terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $12,500.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the cnt,y 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 I (a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. l0. Petitioner and his 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-l5(g), to the extent that payment has been made or can reasonably be 2 Case 1:22-vv-01825-UNJ Document 45 Filed 07/01/24 Page 5 of 7 expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. I 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-l 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys futther agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unrcimbursable 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-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements,judgrnents, 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, suspt-cted or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the Tdap vaccination administered on May 9, 2022, as alleged in a petition for vaccine compensation filed on or about December 15, 2022, in the 3 Case 1:22-vv-01825-UNJ Document 45 Filed 07/01/24 Page 6 of 7 United States Court of Federal Claims as petition No. 22-l 825V. r 14. If petitioner should die prior to entry of judgment, this ageement shall be voidable upon proper notice to the CoUti 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 Cou11 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 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 agr eement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the Tdap vaccine caused petitioner's alleged injury or any other injury or his 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 4 C ase 1:22-vv-01825-UNJ Document 45 Filed 07/01/24 Page 7 of 7 Respectfully submitted, PETITIONER: KEVIN C. MCCARTHY ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR ETITIONER: OF THE ATTORNEY GENERAL: BRADLEY S. FREED Attorney and Counselor at Law Deputy Director 730 17th St., #900 Torts Branch Denver, CO 80202 Civil Division Tel: (303) 892-0900 U.S. Department of Justice Fax: (303) 446-0803 P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey 5. Digltally signed by Jeffrey S. Beach -S Beach _5 :-��:024.o5.1614:35:2s for CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0 l 46 5600 Fishers Lane, 08W-25A Tel: 202-616-4027 Rockville, MD 20857 Email: ryan.nelson3(f"�·usdoj.gov S"-lO-loJ..'( W: 2 112e? �� Dated. 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01825-cl-extra-10734875 Date issued/filed: 2024-07-01 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268285 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1825V KEVIN C. MCCARTHY, Chief Special Master Corcoran Petitioner, Filed: May 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bradley S. Freedberg, Bradley S. Freedberg, P.C., Denver, CO, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 15, 2022, Kevin C. McCarthy 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 filed an amended petition on February 20, 2024. ECF No. 30. Petitioner alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury and also caused-in-fact injury, after receiving the tetanus, diphtheria, acellular pertussis (“Tdap”) and meningococcal vaccines on May 9, 2022. Amended Petition at ¶¶ 1, 5-6; Stipulation, filed May 30, 2024, ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccines within the United States, that he suffered the residual effects of his SIRVA for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his SIRVA. Amended Petition at ¶¶ 1, 5-6; Stipulation at ¶¶ 3-5. Vaccine records show that Petitioner received the Tdap vaccine in his right injured arm and the meningococcal vaccine in his opposing, left arm. Exhibits 3-4, ECF Nos. 7-3, 7-4. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any 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). other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on May 30, 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 lump sum of $12,500.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KEVIN C. MCCARTHY, Petitioner, No. 22-l 825V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The pa11ies hereby stipulate to the following matters: l. Kevin C. McCa11hy ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of a tetanus/diphtheria/acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § l00.3(a) 2. Petitioner received a Tdap vaccine on May 9, 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained a shoulder injury related to vaccine administra tion ("SIRVA") within the time period set forth in the Table, or in the alternative, that his alleged shoulder injury was caused by the vaccine. He further alleges that he 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 his behalf as a result of his 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 his current condition is a sequela 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 terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $12,500.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the cnt,y 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 I (a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. l 0. Petitioner and his 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-l5(g), to the extent that payment has been made or can reasonably be 2 expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. I 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-l 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys futther agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unrcimbursable 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-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements,judgrnents, 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, suspt-cted or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the Tdap vaccination administered on May 9, 2022, as alleged in a petition for vaccine compensation filed on or about December 15, 2022, in the 3 United States Court of Federal Claims as petition No. 22-l 825V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the CoUti 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 Cou11 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 part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the Tdap vaccine caused petitioner's alleged injury or any other injury or his 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 4 Respectfully submitted, PETITIONER: KEVIN C. MCCARTHY ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR ETITIONER: OF THE ATTORNEY GENERAL: BRADLEY S. FREED Attorney and Counselor at Law Deputy Director 730 17th St., #900 Torts Branch Denver, CO 80202 Civil Division Tel: (303) 892-0900 U.S. Department of Justice Fax: (303) 446-0803 P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey 5. Digltally signed by Jeffrey S. Beach -S Beach _5 :-��:024.o5. 1 614:35:2s for CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0 l 46 5600 Fishers Lane, 08W-25A Tel: 202-616-4027 Rockville, MD 20857 Email: ryan.nelson3(f"�·usdoj.gov S"-lO-loJ..'( Dated. W: 2 112e? �� 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01825-cl-extra-10785383 Date issued/filed: 2025-01-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10318795 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1825V KEVIN C. MCCARTHY, Chief Special Master Corcoran Petitioner, v. Filed: December 18, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bradley S. Freedberg, Bradley S. Freedberg, P.C., Denver, CO, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 15, 2022, Kevin C. McCarthy 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 shoulder injury related to vaccine administration a defined Table injury and also caused-in-fact injury, after receiving the tetanus, diphtheria, acellular pertussis and meningococcal vaccines on May 9, 2022. Petition, ECF No. 1. On May 30, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 39. 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 $45,754.37 (representing $45,330.75 in fees plus $423.62 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 21, 2024, ECF No. 41. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. Id. 2. Respondent reacted to the motion on June 28, 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 2-4, ECF No. 42. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 41-3. 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 $45,754.37 (representing $45,330.75 in fees plus $423.62 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Bradley S. Freedberg. 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