VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01267 Package ID: USCOURTS-cofc-1_23-vv-01267 Petitioner: Eric J. Traiger Filed: 2023-08-08 Decided: 2025-02-06 Vaccine: influenza Vaccination date: 2020-10-06 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 160000 AI-assisted case summary: On August 8, 2023, Eric J. Traiger filed a petition alleging that an influenza vaccination administered on October 6, 2020 caused Guillain-Barre syndrome. The case proceeded as a Table GBS claim. Respondent filed a Rule 4(c) report on November 14, 2024 conceding that Mr. Traiger was entitled to compensation. Chief Special Master Brian H. Corcoran found entitlement on November 18, 2024, based on the concession and the record. The public entitlement ruling and damages proffer do not describe Mr. Traiger's first neurologic symptoms, hospitalization, testing, treatment, or recovery course. Respondent later proffered damages, and Mr. Traiger agreed. On February 6, 2025, the Chief Special Master awarded $160,000.00 for pain and suffering, paid as a lump sum through counsel's IOLTA account. A later November 17, 2025 decision addressed attorneys' fees and costs only. Theory of causation field: Adult petitioner; influenza vaccine October 6, 2020; Table GBS. COMPENSATED. Respondent conceded entitlement under the Vaccine Injury Table; public text does not narrate clinical course. Entitlement November 18, 2024; damages February 6, 2025. Award $160,000.00 pain/suffering lump sum. Petition filed August 8, 2023. SM Corcoran. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01267-0 Date issued/filed: 2024-12-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/18/2024) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01267-UNJ Document 25 Filed 12/19/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1267V ERIC J. TRAIGER, Chief Special Master Corcoran Petitioner, Filed: November 18, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kenneth W. Thayer, III, Brandon J. Broderick, Attorney at Law, LLC, Ewing, NJ, for Petitioner. Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 8, 2023, Eric J. Traiger (“Petitioner”) 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 from Guillain-Barré syndrome (“GBS”) as a result of receiving an influenza (“flu”) vaccination on October 6, 2020. Pet., ECF No. 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 14, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) 1 Because this Ruling 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 Ruling 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-01267-UNJ Document 25 Filed 12/19/24 Page 2 of 2 Report at 1, ECF No. 22. Specifically, Respondent indicated that Petitioner “has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation” for GBS following the intramuscular administration of a seasonal flu vaccination. Id. at 5 (citing 42 C.F.R. § 100.3(a)(XIV)(D); 42 C.F.R. §100.3(c)(15)). Respondent does not dispute that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01267-cl-extra-10763796 Date issued/filed: 2024-12-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10297208 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1267V ERIC J. TRAIGER, Chief Special Master Corcoran Petitioner, Filed: November 18, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kenneth W. Thayer, III, Brandon J. Broderick, Attorney at Law, LLC, Ewing, NJ, for Petitioner. Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On August 8, 2023, Eric J. Traiger (“Petitioner”) 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 from Guillain-Barré syndrome (“GBS”) as a result of receiving an influenza (“flu”) vaccination on October 6, 2020. Pet., ECF No. 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 14, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) 1 Because this Ruling 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 Ruling 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). Report at 1, ECF No. 22. Specifically, Respondent indicated that Petitioner “has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation” for GBS following the intramuscular administration of a seasonal flu vaccination. Id. at 5 (citing 42 C.F.R. § 100.3(a)(XIV)(D); 42 C.F.R. §100.3(c)(15)). Respondent does not dispute that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01267-1 Date issued/filed: 2025-03-11 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/06/2025) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01267-UNJ Document 29 Filed 03/11/25 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1267V ERIC J. TRAIGER, Chief Special Master Corcoran Petitioner, Filed: February 6, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kenneth W. Thayer, III, Brandon J. Broderick, Attorney at Law, LLC, Ewing, NJ, for Petitioner. Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 8, 2023, Eric J. Traiger 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 from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccination administered to him on October 6, 2020. Pet., ECF No. 1. Petitioner further alleges that the vaccine was received in the United States, he suffered sequela of his injury for more than six months, and neither Petitioner nor any other party has ever received compensation in the form of an award or settlement for his vaccine-related injury. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01267-UNJ Document 29 Filed 03/11/25 Page 2 of 4 On November 18, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for his GBS. ECF No. 23. On February 6, 2025, Respondent filed a Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $160,000.00 in pain and suffering. Proffer at 1, ECF No. 26. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. See id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $160,000.00 for pain and suffering, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). 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-01267-UNJ Document 29 Filed 03/11/25 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ERIC J. TRAIGER, ) ) Petitioner, ) ) No. 23-1267V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 8, 2023, Eric Traiger (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging a Vaccine Injury Table injury of Guillain-Barre Syndrome (“GBS”) following an influenza (“flu”) vaccine administered on October 6, 2020. Petition at 1. On November 14, 2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a GBS Table injury, and on November 18, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 22; ECF No. 23. I. Compensation Respondent proffers that petitioner should be awarded $160,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a Case 1:23-vv-01267-UNJ Document 29 Filed 03/11/25 Page 4 of 4 lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following:1 a lump sum payment of $160,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, BRETT A. SHUMATE Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division TRACI R. PATTON. Assistant Director Torts Branch, Civil Division /s/ Shelly Jock SHELLY JOCK Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3155 shellyjock@usdoj.gov DATED: February 5, 2025 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01267-cl-extra-11229762 Date issued/filed: 2025-12-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10763177 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1267V ERIC J. TRAIGER, Chief Special Master Corcoran Petitioner, v. Filed: November 17, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kenneth W. Thayer, III, Brandon J. Broderick, Attorney at Law, LLC, Ewing, NJ, for Petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 8, 2023, Eric J. Traiger 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 from Guillain-Barré syndrome as a result of an influenza vaccination administered to him on October 6, 2020. Petition, ECF No. 1. On February 6, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 27. 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 $32,890.85 (representing $32,150.00 in fees plus $740.85 in costs). Motion for Attorney’s Fees, filed on August 18, 2025. ECF No. 33. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out-of-pocket expenses. ECF No. 34. Respondent reacted to the motion on August 19, 2025, reporting that he is satisfied the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-4, ECF No. 35. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s requests and find a reduction in the amount of fees to be awarded appropriate, for the reasons set forth below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private 2 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES Petitioner requests the hourly rate of $475.00 for work performed in 2020-25 by attorney Kenneth W. Thayer. ECF No. 33 at 1. But this rate exceeds what has previously been awarded to Mr. Thayer for the given timeframe. Mr. Thayer was previously awarded the following rates: $410.00 for 2020, $420.00 for 2021, $435.00 for 2022, $450.00 for 2023, and $475.00 for 2024. See Falconico v. Sec’y of Health & Hum. Servs., No. 17-1510V, 2020 WL 1893547 (Fed. Cl. Spec. Mstr. Mar. 20, 2020); Hicks v. Sec’y of Health & Hum. Servs., No. 19-621V, 2021 WL 1827321 (Fed. Cl. Spec. Mstr. Apr. 5, 2021); Osborn v. Sec’y of Health & Hum. Servs., No. 20- 555V, 2021 WL 6502154 (Fed. Cl. Spec. Mstr. Dec. 14, 2021). See Dorman v. Sec’y of Health & Hum. Servs., 19-444V, 2021 WL 3469199 (Fed. Cl. Spec. Mstr. Jul. 6, 2021) and Thomas v. Sec’y of Health & Hum. Servs., 22-882V, Slip Op. 37 (Fed. Cl. Spec. Mstr. March 17, 2025). I find no reason to deviate from these reasoned determinations and it otherwise is not the practice of OSM to adjust prior rate determinations upward in later cases. See Jefferson v. Sec’y of Health & Hum. Servs., No. 19-1882V, 2023 WL 387051 (Fed. Cl. Spec. Mstr. Jan. 9, 2023). Application of these rates reduces the amount of fees to be herein by $2,101.00. 3 For work performed in 2025, I find Mr. Thayer’s proposed rate of $475.00 appropriate and is hereby awarded. And all other time billed to the matter shall be awarded. To avoid a curtailed award in future cases, it is incumbent upon counsel to submit billing records reflecting the hourly rates previously awarded for his work in the Vaccine Program. Additionally, billing records should clearly identify the name of each person providing a service and their hourly rate for every line entry. Failing to identify the name of the person billing for a service per each line entry frustrates the Court’s ability to determine the reasonableness of the overall request. See Guidelines for Practice Under the National Vaccine Injury Compensation Program at 76. (emphasis added). 4 3 This amount is calculated as follows: ($475.00 - $410.00 = $65.00 x 2.50 hrs. billed in 2020) + ($475 - $420.00 = $55.00 x 14.20 hrs. billed in 2021) + ($475.00 - $435.00 = $40.00 x 19.00 hrs. billed in 2022) + ($475.00 - $450.00 = $25.00 x 15.90 hrs. billed in 2023) = $2,101.00. 4 The guidelines f or Practice Under the National Vaccine Injury Compensation Program can be f ound at: https://www.uscfc.uscourts.gov/guidelines-practice-under-national-vaccine-injury-compensation-program 3 Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 33 at 8-12. 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. I award a total of $30,789.85 (representing $30,049.00 in fees plus $740.85 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. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 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. 4