VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01931 Package ID: USCOURTS-cofc-1_22-vv-01931 Petitioner: Joseph Pilcher Filed: 2022-12-30 Decided: 2025-06-13 Vaccine: influenza vaccine Vaccination date: 2020-08-17 Condition: vaccine-induced tendinitis / left arm injury Outcome: compensated Award amount USD: 11500 AI-assisted case summary: On December 30, 2022, Joseph Pilcher filed a petition alleging injuries to his left arm after an influenza vaccine administered on August 17, 2020. Respondent denied that Mr. Pilcher sustained vaccine-induced tendinitis, denied that the flu vaccine caused that alleged tendinitis or any other injury, and denied that his current condition was vaccine-related. The public stipulation does not describe the first symptom, treatment chronology, imaging, injections, therapy, work effects, or residual limitations. The parties resolved the case by joint stipulation. On June 13, 2025, Chief Special Master Brian H. Corcoran awarded $11,500.00 as a lump sum through counsel's IOLTA account for all damages available under the Vaccine Act. Theory of causation field: Influenza vaccine August 17, 2020 allegedly causing vaccine-induced tendinitis/left arm injury; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied tendinitis, causation, and sequelae; public stipulation lacks clinical chronology. Award $11,500 lump sum. Chief SM Brian H. Corcoran; petition December 30, 2022; decision June 13, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01931-0 Date issued/filed: 2025-07-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/13/2025) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01931-UNJ Document 41 Filed 07/15/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1931V JOSEPH PILCHER, Chief Special Master Corcoran Petitioner, Filed: June 13, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 30, 2022, Joseph Pilcher filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that he suffered injuries to his left arm following an influenza vaccination he received on August 17, 2020. Petition at 1; Stipulation, filed at June 12, 2025, ¶¶ 2, 4. Petitioner further alleges that he has suffered the residual effects of his vaccine-related injury for more than six months. Petition at ¶ 9; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained vaccine-induced tendinitis; denies that the flu vaccine caused Petitioner’s alleged vaccine-induced tendinitis, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on June 12, 2025, 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-01931-UNJ Document 41 Filed 07/15/25 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation,3 I award the following compensation: A lump sum of $11,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The filed Stipulation included an electronic signature page that has been removed from the attachment to protect the confidential information of the signers. 4 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-01931-UNJ Document 41 Filed 07/15/25 Page 3 of 7 Case 1:22-vv-01931-UNJ Document 41 Filed 07/15/25 Page 4 of 7 Case 1:22-vv-01931-UNJ Document 41 Filed 07/15/25 Page 5 of 7 Case 1:22-vv-01931-UNJ Document 41 Filed 07/15/25 Page 6 of 7 Case 1:22-vv-01931-UNJ Document 41 Filed 07/15/25 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01931-cl-extra-11224910 Date issued/filed: 2025-12-15 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10758325 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1931V JOSEPH PILCHER, Chief Special Master Corcoran Petitioner, v. Filed: November 12, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 30, 2022, Joseph Pilcher 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 injuries to his left arm following an influenza vaccination he received on August 17, 2020. Petition, ECF No. 1. On June 13, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 36. 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 $27,511.64 (representing $26,955.50 in fees plus $556.14 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed September 26, 2025, ECF No. 42. Furthermore, Petitioner filed a signed statement representing that no personal out-of- pocket expenses were incurred. ECF No. 40. Respondent reacted to the motion on October 9, 2025, 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. 43. Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 44. 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. Respondent offered no specific objection to the rates or amounts sought. Furthermore, I have reviewed the requested costs and find the majority of them to be reasonable, with the exception of $50.00 in requested costs for an administrative fee that has not been substantiated by any supporting documentation. ECF No. 42 at 28-36. When Petitioners fail to provide appropriate documentation to substantiate a requested cost, special masters have refrained from awarding the relevant sum. See, e.g., Gardner- Cook v. Sec’y of Health & Hum. Servs., No. 99-480V, 2005 WL 6122520, at *4 (Fed. Cl. Spec. Mstr. June 30, 2005). It is also unclear from the billing records submitted in support thereto, whether such administrative fee is related to this Vaccine Claim. Thus, I disallow reimbursement of the unsubstantiated cost, hereby reducing the total amount of litigation costs to be awarded by $50.00. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT, in part, Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $27,461.64 (representing $26,955.50 in fees plus $506.14 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. 2 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. 3