VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01026 Package ID: USCOURTS-cofc-1_23-vv-01026 Petitioner: Jason Olszanicky Filed: 2023-07-03 Decided: 2024-12-06 Vaccine: Hepatitis B Vaccination date: 2021-05-19 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 54999 AI-assisted case summary: Jason Olszanicky filed a petition for compensation under the National Vaccine Injury Compensation Program on July 3, 2023, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a Hepatitis B vaccine on May 19, 2021. The Hepatitis B vaccine is listed on the Vaccine Injury Table, and Mr. Olszanicky claimed his injury occurred within the Table's time frame and resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Olszanicky sustained a SIRVA or that the vaccine caused his alleged injury. Despite these denials, the parties reached a joint stipulation to settle the case. Chief Special Master Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Pursuant to the stipulation, Mr. Olszanicky was awarded a lump sum of $50,000.00 for pain and suffering and an additional $4,998.72 to reimburse a Medicaid lien for services rendered by Medi-Cal. These amounts represent compensation for all damages available under the Vaccine Act. The decision was entered on December 6, 2024. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01026-0 Date issued/filed: 2024-12-06 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 11/05/2024) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01026-UNJ Document 26 Filed 12/06/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1026V JASON OLSZANICKY, Chief Special Master Corcoran Petitioner, v. Filed: November 5, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 3, 2023, Jason Olszanicky filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On May 19, 2021, Petitioner received a Hepatitis B (“Hep B”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a). Petitioner alleges that he suffered a left shoulder injury related to vaccine administration (“SIRVA”) as a result ofreceiving the Hep B vaccine within the Table time frame, and that he experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner sustained a SIRVA, as defined in the Table; 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. 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 1:23-vv-01026-UNJ Document 26 Filed 12/06/24 Page 2 of 8 Nevertheless, on November 5, 2024,the parties filed the attached joint stipulation,3 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 $50,000.00 in the form of a check payable to Petitioner. B. A lump sum of $4,998.72, representing reimbursement of a Medicaid lien for services rendered to Petitioner by Medi-Cal, in the form of a check payable jointly to Petitioner and the Department of Health Care Services (“DHCS”): Department of Health Care Services DHCS Account No. C9669073F-001T Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Petitioner agrees to endorse this check to DHCS. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3In attaching the parties’ joint stipulation, I have omitted the last page –aVineSignform that includes personal information regarding Petitioner. 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 1:23-vv-01026-UNJ Document 26 Filed 12/06/24 Page 3 of 8 Vlnesign Document ID: 4194271 B•24E1-40D1-ABBB-31 E4C613304D IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JASON OLSZANICKY, ) ) Petitioner, ) No. 23-1026V V. ) Chief Special Master Corcoran ECF SECRETARY OF HEALT II AND HUMAN )) _SE_RV_ICE_S, __________ ) Respondent. )) STIPULATION The parties hereby stipulate to the following matters: I. Jason Olszanicky. petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO to-34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the Hepatitis B ("Hep. B") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Tablej, 42 C.F.R. § 100.J(a). 2. Petitioner received the Hep. B vaccination in his left ann on May 19, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered a left Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of receiving the Hep. B vaccine within the Table time frame, and that he experienced residual effects of this injury 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 behalfa s a result of his condition. The signed document can be validated at https:1/app.vinesign.comNerify Case 1:23-vv-01026-UNJ Document 26 Filed 12/06/24 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA, as defmed in the Table; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that his cUJTeJlt condition is a sequelae 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 terms 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 ofHeaJth and Human Services will issue the following vaccine compensation payments: A. A lump sum ofS S0,000.00 in the form of a check payable to petitioner; and 8. A lump sum of$ 4,998.72,1 representing reimbursement of a Medicaid lien for services rendered to petitioner by Medi-Cal, in the fonn of a check payable jointly to petitioner and the Department of Health Care Services ("DHCS,,): Department of Health Care Services DHCS Account No. C9669073F-001T Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Petitioner agrees to endorse this check to DHCS. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 1 This amount represents full satisfaction ofa ny right of subrogation, assignment, claim, lien. or cause of action that Medi-Cal and DHCS may have against any individual as a result of any Medicaid payments made to or on behalf of Jason Olszanicky as a result of his alleged vaccine related injury suffered on or about May 19, 2021, under Title XIX oft he Social Security Act, s 42 U.S.C. § 300aa-15(g), (h). 2 Case 1:23-vv-01026-UNJ Document 26 Filed 12/06/24 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-21(a)(J), 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. 10 . 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-l S(g), to the extent that payment has been made or can reasonably be expected to be made under any Stat.e 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 oft his Stipulation, and any amounts awarded pursuant to paragraph 9 oft his 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-JS(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, causes of action (including 3 Case 1:23-vv-01026-UNJ Document 26 Filed 12/06/24 Page 6 of 8 agreements, judgments, claims, damages, loss of services, expenses and aJI demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of FederaJ 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 Hep. B vaccine administered on or about May 19, 2021, as alleged by petitioner in a petition for vaccine compensation filed on July 3, 2023, in the United States Court of Federal Claims as petition No. 23-1026V. 14. If petitioner should die prior to entry ofj udgment, 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 tenns oft his Stipulation or if the Court ofF ederal Claims fails to enter judgment in confonnity 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 ofe ither 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 ofd amages, 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. 4 Case 1:23-vv-01026-UNJ Document 26 Filed 12/06/24 Page 7 of 8 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the Hep. B vaccine caused petitioner to suffer a shoulder iajury or his current disabilities, or any other iajury or condition, or that petitioner sustained an injwy 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 1:23-vv-01026-UNJ Document 26 Filed 12/06/24 Page 8 of 8 Respectfully submitted, PETITIONER: JASON OLSZANICKY ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: #e.o.iz.4rL ~~ ~~g~~ LEIGH FER HEATHER L. PEARLMAN Muller Brazil Deputy Di.rector 715 Twinning Road, Suite 208 Torts Branch Dresher, PA l 9025 Civil Division (215) 885-165S U.S. Department of Justice E-mail:leigh@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE A1TORNEYOFRECORDFOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMANs S ERVICES: Jeffrey Digitally signed by • Jeffreys. Beach -s . -S Beach Date:2024.10.23 11:12:50-04'00' for ~~21: 0I ~ CAPT GEORGE REED GRIMES, MD, MPH BRI.OOETACORRIDON 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 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 305-4117 Rockville, MD 20857 E-mail: Bridget.Corridon@usdoj.gov # ll / 1&1 Dated: tj / 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01026-cl-extra-10756809 Date issued/filed: 2024-12-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10290221 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1026V JASON OLSZANICKY, Chief Special Master Corcoran Petitioner, v. Filed: November 5, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 3, 2023, Jason Olszanicky filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On May 19, 2021, Petitioner received a Hepatitis B (“Hep B”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that he suffered a left shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the Hep B vaccine within the Table time frame, and that he experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner sustained a SIRVA, as defined in the Table; 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. 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 November 5, 2024, the parties filed the attached joint stipulation,3 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 $50,000.00 in the form of a check payable to Petitioner. B. A lump sum of $4,998.72, representing reimbursement of a Medicaid lien for services rendered to Petitioner by Medi-Cal, in the form of a check payable jointly to Petitioner and the Department of Health Care Services (“DHCS”): Department of Health Care Services DHCS Account No. C9669073F-001T Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Petitioner agrees to endorse this check to DHCS. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 In attaching the parties’ joint stipulation, I have omitted the last page – a VineSign form that includes personal information regarding Petitioner. 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 Vlnesign Document ID: 4194271 B•24E1-40D1-ABBB-31 E4C613304D IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JASON OLSZANICKY, ) ) Petitioner, ) V. ) No. 23-1026V ) Chief Special Master Corcoran SECRETARY OF HEALTII AND HUMAN )) ECF SERVICES, ) ______________ Respondent. ) STIPULATION The parties hereby stipulate to the following matters: I. Jason Olszanicky. petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO to-34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the Hepatitis B ("Hep. B") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Tablej, 42 C.F.R. § 100.J(a). 2. Petitioner received the Hep. B vaccination in his left ann on May 19, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered a left Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of receiving the Hep. B vaccine within the Table time frame, and that he experienced residual effects of this injury 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 behalfas a result of his condition. The signed document can be validated at https:1/app.vinesign.comNerify 6. Respondent denies that petitioner sustained a SIRVA, as defmed in the Table; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that his cUJTeJlt condition is a sequelae 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 ofjudgment 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-2l(a)(I), the Secretary ofHeaJth and Human Services will issue the following vaccine compensation payments: A. A lump sum ofSS0,000.00 in the form of a check payable to petitioner; and 8. A lump sum of$4,998.72,1 representing reimbursement of a Medicaid lien for services rendered to petitioner by Medi-Cal, in the fonn of a check payable jointly to petitioner and the Department of Health Care Services ("DHCS,,): Department of Health Care Services DHCS Account No. C9669073F-001T Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Petitioner agrees to endorse this check to DHCS. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 1 This amount represents full satisfaction ofany right of subrogation, assignment, claim, lien. or cause of action that Medi-Cal and DHCS may have against any individual as a result of any Medicaid payments made to or on behalf of Jason Olszanicky as a result of his alleged vaccine- related injury suffered on or about May 19, 2021, under Title XIX ofthe Social Security Act, s 42 U.S.C. § 300aa-15(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-21(a)(J), 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. 10. 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-l S(g), to the extent that payment has been made or can reasonably be expected to be made under any Stat.e 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 ofthis Stipulation, and any amounts awarded pursuant to paragraph 9 ofthis 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-JS(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, causes of action (including 3 agreements, judgments, claims, damages, loss of services, expenses and aJI demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of FederaJ 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 Hep. B vaccine administered on or about May 19, 2021, as alleged by petitioner in a petition for vaccine compensation filed on July 3, 2023, in the United States Court of Federal Claims as petition No. 23-1026V. 14. If petitioner should die prior to entry ofjudgment, 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 tenns ofthis Stipulation or if the Court ofFederal Claims fails to enter judgment in confonnity 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 ofeither 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 ofdamages, 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. 4 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the Hep. B vaccine caused petitioner to suffer a shoulder iajury or his current disabilities, or any other iajury or condition, or that petitioner sustained an injwy 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: JASON OLSZANICKY ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: #e.o.iz.4rL ~~ ~~g~~ LEIGH FER HEATHER L. PEARLMAN Muller Brazil Deputy Di.rector 715 Twinning Road, Suite 208 Torts Branch Dresher, PA l 9025 Civil Division (215) 885-165S U.S. Department of Justice E-mail:leigh@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE A1TORNEYOFRECORDFOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey s• Jeffreys. Digitally signed by Beach -s . Beach -S Date:2024.10.23 11:12:50-04'00' for CAPT GEORGE REED GRIMES, MD, MPH ~~21: 0I ~ BRI.OOETACORRIDON 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 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 305-4117 Rockville, MD 20857 E-mail: Bridget.Corridon@usdoj.gov Dated: ll / tj / 1&1 # 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01026-cl-extra-11060547 Date issued/filed: 2025-05-28 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10593959 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1026V JASON OLSZANICKY, Chief Special Master Corcoran Petitioner, Filed: April 22, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Lara A. Englund, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 3, 2023, Jason Olszanicky 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 following a Hepatitis B vaccine he received on May 19, 2021. Petition, ECF No. 1. On November 5, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 25. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other inf ormation, the disclosure of which would constitute an unwarranted invasion of privacy. If , upon review, I agree that the identified material fits within this definition, I will redact such material f rom public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $14,078.61 (representing $13,582.50 in fees plus $496.11 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed January 22, 2025, ECF No. 29. Counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 29 at 2. Respondent reacted to the motion on January 23, 2025, stating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case. ECF No. 30. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2024 are reasonable and consistent with our prior determinations and will therefore be adopted. Petitioner has also requested the hourly rate of $350.00 for 2025 work performed by attorney Leigh Finfer, representing a rate increase of $50.00 from the previous year. Although the proposed new rate falls within the experience range provided in OSM’s recently updated Fee Schedules 3 for similarly-situated attorneys, I find the specifically- requested increase to be excessive (solely because it exceeds in magnitude the rate increases awarded for this attorney in past years – not because of any concerns with the quality of her work, which remains high). Rather, based on my experience applying the factors relevant to determining proper hourly rates for Program attorneys, 4 a rate of $330.00 per hour is more appropriate for time billed by Ms. Finfer in 2025, given her relevant experience. Application of the foregoing reduces the fees to be awarded by $22.00. 5 Petitioner has provided supporting documentation for all claimed costs. ECF No.29 at 14-20. 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 in part, Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs 3 The OSM Attorneys’ Fee Schedules are available on the U.S. Court of Federal Claims website at https://www.uscfc.uscourts.gov/osm-attorneys-forum-hourly-rate-fee-schedules 4 See McCulloch v. Health and Human Services, No. 09–293V, 2015 WL 5634323 at *17 (Fed. Cl. Spec. Mstr. Sept. 1, 2015). 5 This amount is calculated as: ($350 - $330 = $20 x 1.10 hrs.) = $22.00. 2 in the total amount $14,056.61 (representing $13,560.50 in fees $496.11 in 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. 6 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 6 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