VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01206 Package ID: USCOURTS-cofc-1_23-vv-01206 Petitioner: Kirsten Bowland Filed: 2023-11-08 Decided: 2024-12-09 Vaccine: HPV Vaccination date: 2022-09-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 43000 AI-assisted case summary: Kirsten Bowland filed a petition for compensation under the National Vaccine Injury Compensation Program on November 8, 2024. She alleged that she received an HPV vaccination on September 23, 2022, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). Ms. Bowland further alleged that her symptoms persisted for more than six months. The respondent denied that Ms. Bowland 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 on November 7, 2024, agreeing to settle the case and award compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the court. Pursuant to the stipulation, Ms. Bowland was awarded a lump sum of $43,000.00, payable by check, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This award represents a compromise of the parties' respective positions on liability and/or damages. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, or treatments received. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC. Respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. Theory of causation field: Petitioner Kirsten Bowland received an HPV vaccination on September 23, 2022. She alleged a shoulder injury related to vaccine administration (SIRVA) and that her symptoms persisted for more than six months. The respondent denied a SIRVA Table injury, causation, and sequela. The parties filed a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $43,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The stipulation states the award may reflect a compromise of liability and damages. The public text does not specify the mechanism of injury or name any experts. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Camille Michelle Collett. The decision date was December 9, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01206-0 Date issued/filed: 2024-12-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/08/2024) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01206-UNJ Document 30 Filed 12/09/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1206V KIRSTEN BOWLAND, Chief Special Master Corcoran Petitioner, Filed: November 8, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 1, 2023, Kirsten 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”) following an HPV vaccination she received on September 23, 2022. Petition at 1; Stipulation, filed at November 7, 2024, ¶¶ 2, 4. Petitioner further alleges that her vaccine-related symptoms have persisted for longer than six months. Petition at ¶ 9; 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 November 7, 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 1:23-vv-01206-UNJ Document 30 Filed 12/09/24 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $43,000.00 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 Case 1:23-vv-01206-UNJ Document 30 Filed 12/09/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KIRSTEN BOWLAND, Petitioner, o. 23-1206V Chief Special Master Corcoran V. ECF SECRET ARY OF HEALT H AND HUMA SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Kirsten Bowland ("petitioner"), filed a petition for vaccine compensation under the ational Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of a human papillomavirus ("HPV") vaccine, which vaccine is contained in the Vaccine Injury Table (the 'Table"), 42 C.F.R. § l00.3(a). 2. Petitioner received an HPV vaccine on September 23, 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that her alleged shoulder injury was caused by the vaccine. She further alleges that she experienced the residual effects of this condition for more than six months. Case 1:23-vv-01206-UNJ Document 30 Filed 12/09/24 Page 4 of 7 5. Petitioner represents that there has been no prior award ·or settlement of a civi I 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 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-21 (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $43,000.00 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 entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), 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 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 2 Case 1:23-vv-01206-UNJ Document 30 Filed 12/09/24 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. § I 396 ct seq.)), or by entities that provide health services on a pre-paid basis. I 1. 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 unreimbursablc 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-J 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-I 5(g) and (h). 13. 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, docs 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,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 ct 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 HPV vaccination administered on September 23, 2022, as alleged in a petition for vaccine compensation filed on or about September I, 2023, in 3 Case 1:23-vv-01206-UNJ Document 30 Filed 12/09/24 Page 6 of 7 the United States Court of Federal Claims as petition No. 23-1206V. 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 conformity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the tcnns 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 HPV 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. 4 Case 1:23-vv-01206-UNJ Document 30 Filed 12/09/24 Page 7 of 7 'PETITIONER: / / ~&JJ KIRSTEN BOWLAND Al TORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITION ER: OF THE ATTORNEY GENERAL: +t-e~ L f~~-- 1,:10kU-D 6 ~~ LEAH V. DURANT HEATHER L. PEARLMAN Law Offices of Leah V. Durant Deputy Director 1717 K Street NW, Suite 900 Torts Branch Washington, DC 20006 Civil Division (202) 775-9200 U.S. Department of Justice E-mail: ldurant(d,durantllc.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AA'D HUMAN SERVICES: s. Je"rey -v - ~ - Digitally signed by Jeffrey I I i -S S. Beach -S Beach Date:2024.102908;00;16 for -04'00' c~ ETI CAPT GEORGE REED GRIMES, MD, MPH Director, Division oflnjury 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) 616-4098 Rockville, MD 20857 E-mail: Camilk.M.Colkma u.."Joj.go, b .{) 1-: Lt-/ Dated: /// ( / 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01206-cl-extra-11107159 Date issued/filed: 2025-07-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10640572 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1206V KIRSTEN BOWLAND, Chief Special Master Corcoran Petitioner, v. Filed: June 24, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 1, 2023, Kirsten filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleged that she suffered a shoulder injury related to vaccine administration following an HPV vaccination she received on September 23, 2022. Petition, ECF No. 1. On November 8, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 26. 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 $26,684.70 (representing $25,640.30 in fees plus $1,044.40 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed March 12, 2025. ECF No. 31. Furthermore, Petitioner filed a signed statement representing that she incurred no personal out-of- pocket expenses. ECF No. 31 at 2. Respondent reacted to the motion on March 24, 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. 32. Petitioner filed a reply reiterating the requested fees and costs as indicated in the Motion. ECF No. 33. 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. However, I find a minor reduction in the amount of fees to be awarded appropriate, for the reasons stated below. The billing records reveal several entries billed on tasks considered administrative in nature. 3 But billing for administrative tasks is not permitted in the Vaccine Program. See Rochester v. U.S., 18 Cl. Ct. 379, 387 (1989) (noting that tasks “primarily of a secretarial and clerical nature ... should be considered as normal overhead office costs included within the attorneys’ fee rates.”). Tasks that are “purely clerical or secretarial tasks should not be billed at a paralegal rate, regardless of who performs them.” Missouri v. Jenkins, 491 U.S. 274, 288 n.10 (1989). Attorneys, thus, may not separately charge for clerical or secretarial work because those charges are overhead for which the hourly rate accounts. See Bennett v. Dep’t of Navy, 699 F.2d 1140, 1145 n.5 (Fed. Cir. 1983). See also Floyd v. Sec'y of Health & Human Servs., No. 13-556V, 2017 WL 1344623, at *5 (Fed. Cl. Spec. Mstr. Mar. 2, 2017); (stating that secretarial tasks include “scheduling status conferences, organizing exhibits, preparing compact discs, revising a short motion after an attorney’s review, and filing documents through the CM/ECF system”); Silver v. Sec'y of Health & Human Servs., No. 16-1019V, 2018 U.S. Claims LEXIS 1058, at *15 (Fed. Cl. Spec. Mstr. July 31, 2018) (noting that “‘receiv[ing], review[ing,] and process[ing]’ records and court orders, and noting deadlines, are all clerical tasks.”). Accordingly, fees incurred for such tasks will not be reimbursed. Application of the foregoing reduces the amount of fees to be awarded by $456.40. 3 See billing entries dated: 8/3/23; 12/7/23; 12/8/23; 12/13/23; 1/4/24; 3/4/24; 4/8/24; 5/16/24; 7/8/24; 8/8/24. ECF No. 31-1, totaling $456.40 in f ees claimed f or administrative tasks. 2 Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 31-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. CONCLUSION 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 $26,228.30 (representing $25,183.90 in fees plus $1,044.40 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. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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