VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01318 Package ID: USCOURTS-cofc-1_23-vv-01318 Petitioner: Pablo Mendoza Filed: 2023-08-15 Decided: 2025-09-10 Vaccine: influenza Vaccination date: 2020-09-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62000 AI-assisted case summary: On August 15, 2023, Pablo Mendoza filed a petition alleging that an influenza vaccine administered on September 3, 2020 caused a shoulder injury related to vaccine administration. The petition was later amended in October 2024. Respondent denied that Mr. Mendoza sustained a Table SIRVA, denied that the flu vaccine caused his alleged shoulder injury or any other injury, and denied vaccine-related sequelae. The public stipulation does not describe onset, medical visits, imaging, injections, therapy, or residual limitations. The parties resolved the case by stipulation filed September 9, 2025. On September 10, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Mr. Mendoza $62,000.00 as a lump sum through counsel's IOLTA account. A later attorney-fee decision did not change the injury-compensation award. Theory of causation field: Influenza vaccine September 3, 2020 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public stipulation lacks clinical chronology. Injury award $62,000 lump sum; later fee award separate. Chief SM Brian H. Corcoran; petition August 15, 2023; amended petition October 28, 2024; damages decision September 10, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01318-0 Date issued/filed: 2025-10-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/10/2025) regarding 81 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01318-UNJ Document 91 Filed 10/31/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1318V PABLO MENDOZA, Chief Special Master Corcoran Petitioner, Filed: September 10, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Gil L. Daley, II, Law Office of Gil L. Daley, II, P.C., Fort Worth, TX, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 15, 2023, Pablo Mendoza 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 a shoulder injury related to vaccine administration (“SIRVA”) following an influenza vaccination he received on September 3, 2020. Petition at ¶¶ 1; Stipulation, filed at September 9, 2025, ¶¶ 2, 4. Petitioner further alleges that his “shoulder symptoms have lasted longer than six months.” Petition at ¶ 2; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on September 9, 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 1:23-vv-01318-UNJ Document 91 Filed 10/31/25 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $62,000.00, 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.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-01318-UNJ Document 91 Filed 10/31/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PABLO MENDOZA, Petitioner, v. No. 23-1318 (ECF) SECRETARY OF HEALTH Chief Special Master Brian H. Corcoran AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Pablo Mendoza (“petitioner”) filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to -34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt of an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on September 3, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner suffered from a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that petitioner experienced the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of the alleged injury. Case 1:23-vv-01318-UNJ Document 91 Filed 10/31/25 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that petitioner’s 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)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $62,000.00 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 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-21(a)(1), 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 petitioner’s 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-15(g), to the extent that payment has been made or can reasonably be 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. 2 Case 1:23-vv-01318-UNJ Document 91 Filed 10/31/25 Page 5 of 7 11. 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 unreimbursed 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 petitioner’s individual capacity, and on behalf of petitioner’s 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, 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 hereafter be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-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 flu vaccination administered on September 3, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about August 15, 2023, in the United States Court of Federal Claims as petition No. 23-1318V, and amended on or about October 28, 2024. 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. 3 Case 1:23-vv-01318-UNJ Document 91 Filed 10/31/25 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms 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 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 flu vaccine caused petitioner’s alleged injury or any other injury or petitioner’s 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 Case 1:23-vv-01318-UNJ Document 91 Filed 10/31/25 Page 7 of 7 Re~ trully suhmiUC(J. PF.TITIONl!~K: AT TORNF..Y OF RECORD FOR AUTHORIZED RF.PRF.SF.NT Am 'E PETITIONER: 01' Till: Al"fORNEY GENERAL: ...L&~\;Jf~ GI . I.. DAI.EV, fl HEATHER l. rEARLMAN THE LAW OfFICE U ·LL. OALEY.11. P.C. Oqluty Oirttlur 20 I Main Slrcc::1, Suite 6()0 Torts Br3J1Ch fort Wonh. 'l'cxas 76102 C.i\•il Division K 17-76.l-9.SSJ U.S. Department of Ju!oolice ~17-763-5891 rAX P.O. Box 146 23~ N. St Paul Stroct. Suite 3100 Benjamin Franklin Station Dalla..c;., Texa'i 75201 Washington. OC 20044-0146 214-698-5988 817-76.1-5891 FAX AtrfHORIZED REPRESENT ATIV[ AT TORNF,V OF RECORD l'OK OF TRF. SECRETARY Of' HEAL'IH RESPONDENT: AND HUMAN SF.RVJCF.S: a.. s. ~signed b)' h.1«'» Je11,ey .Jal'leyS.BRdl-S Be ac h -S DI~ 2025.0A.21 for 1~11;§.6 04'0lr CAPT GF.ORGE°REED GRIMES. MU. MPH Director. Division of lnjW}· Trial Attcrrncy Oim~sation 1-rograms Torts Brooch. Civil Divi:-.ion I lealth Systems Dureou U.S. Department of Justice Hcattb Resources and Services P.O. llux 146 Administration Benjamin franklin Station U.S. Ocpamncnt of I lealth Wa,;hinglun, OC 20044--014(, and Human Service!> Tel: (202) 305-3907 5600 Fishers Lane, 08W-25A j11mes.c.duughlon@usdoj.gov Rock ville, Mn 208.'i7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01318-cl-extra-11191736 Date issued/filed: 2025-10-31 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10725151 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1318V PABLO MENDOZA, Chief Special Master Corcoran Petitioner, Filed: September 10, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Gil L. Daley, II, Law Office of Gil L. Daley, II, P.C., Fort Worth, TX, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On August 15, 2023, Pablo Mendoza 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 a shoulder injury related to vaccine administration (“SIRVA”) following an influenza vaccination he received on September 3, 2020. Petition at ¶¶ 1; Stipulation, filed at September 9, 2025, ¶¶ 2, 4. Petitioner further alleges that his “shoulder symptoms have lasted longer than six months.” Petition at ¶ 2; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on September 9, 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). Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $62,000.00, 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. 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 PABLO MENDOZA, Petitioner, v. No. 23-1318 (ECF) SECRETARY OF HEALTH Chief Special Master Brian H. Corcoran AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Pablo Mendoza (“petitioner”) filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to -34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt of an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on September 3, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner suffered from a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that petitioner experienced the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of the alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that petitioner’s 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)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $62,000.00 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 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-21(a)(1), 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 petitioner’s 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-15(g), to the extent that payment has been made or can reasonably be 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. 2 11. 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 unreimbursed 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 petitioner’s individual capacity, and on behalf of petitioner’s 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, 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 hereafter be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-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 flu vaccination administered on September 3, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about August 15, 2023, in the United States Court of Federal Claims as petition No. 23-1318V, and amended on or about October 28, 2024. 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. 3 15. If the special master fails to issue a decision in complete conformity with the terms 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 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 flu vaccine caused petitioner’s alleged injury or any other injury or petitioner’s 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 Re~ trully suhmiUC(J. PF.TITIONl!~K: ATTORNF..Y OF RECORD FOR AUTHORIZED RF.PRF.SF.NT Am'E PETITIONER: 01' Till: Al"fORNEY GENERAL: GI . I.. DAI.EV, fl ...L&~\;Jf~ HEATHER l. rEARLMAN THE LAW OfFICE U ·LL. OALEY.11. P.C. Oqluty Oirttlur 20 I Main Slrcc::1, Suite 6()0 Torts Br3J1Ch fort Wonh. 'l'cxas 76102 C.i\•il Division K17-76.l-9.SSJ U.S. Department of Ju!oolice ~17-763-5891 rAX P.O. Box 146 23~ N. St Paul Stroct. Suite 3100 Benjamin Franklin Station Dalla..c;., Texa'i 75201 Washington. OC 20044-0146 214-698-5988 817-76.1-5891 FAX AtrfHORIZED REPRESENT ATIV[ ATTORNF,V OF RECORD l'OK OF TRF. SECRETARY Of' HEAL'IH RESPONDENT: AND HUMAN SF.RVJCF.S: a.. s. ~signed b)' h.1«'» Je11,ey .Jal'leyS.BRdl-S DI~ 2025.0A.21 Beach -S 1~11;§.6 04'0lr for CAPT GF.ORGE°REED GRIMES. MU. MPH Director. Division of lnjW}· Trial Attcrrncy Oim~sation 1-rograms Torts Brooch. Civil Divi:-.ion Ilealth Systems Dureou U.S. Department of Justice Hcattb Resources and Services P.O. llux 146 Administration Benjamin franklin Station U.S. Ocpamncnt of I lealth Wa,;hinglun, OC 20044--014(, and Human Service!> Tel: (202) 305-3907 5600 Fishers Lane, 08W-25A j11mes.c.duughlon@usdoj.gov Rock ville, Mn 208.'i7 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01318-cl-extra-11239053 Date issued/filed: 2026-01-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10772468 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1318V PABLO MENDOZA, Chief Special Master Corcoran Petitioner, v. Filed: December 8, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Gil L. Daley, II, Law Office of Gil L. Daley, II, P.C., Fort Worth, TX, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 15, 2023, Pablo Mendoza 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 an influenza vaccination he received on September 3, 2020. Petition, ECF No. 1. On September 10, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 81. 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 $58,833.35 (representing $55,851.60 in fees plus $2,981.75 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed October 15, 2025, ECF No. 88. Furthermore, Petitioner filed a signed statement indicating that no personal out-of-pocket expenses were incurred. ECF No. 83. Respondent reacted to the motion on October 21, 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 2-5, ECF No. 89. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The hourly rates requested herein are reasonable and consistent with prior determinations and shall therefore be awarded. However, I find a reduction in the amount of fees and costs to be awarded appropriate, for the reasons stated 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. 2 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 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES I have identified several instances in which tasks considered paralegal in nature were improperly billed at the attorney’s rate. 3 Counsel should note for future reference that, “[t]asks that can be completed by a paralegal or a legal assistant should not be billed at an attorney’s rate.” See Riggins v. Sec’y of Health & Human. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009). Turpin v. Sec’y of Health & Human. Servs., No. 99-535, 2008 WL 5747914, at *5-7 (Fed. Cl. Spec. Mstr. Dec. 23, 2008). And “[T]he rate at which such work is compensated turns not on who ultimately performed the task but instead turns on the nature of the task performed.” Doe/11 v. Sec’y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425, at *9 (Fed. Cl. Spec. Mstr. Jan. 29, 2010). Although these billing entries reflect reasonably performed work, they must be charged at a reduced rate comparable to that of a paralegal. Accordingly, I hereby apply the reduced rate of $186.00, only for those tasks considered paralegal in nature. Application of the foregoing reduces the amount of fees to be awarded by $1,855.70. 4 ATTORNEY COSTS Petitioner requests $2,981.75 in costs. ECF No. 88 at 17-37. Such costs reflect the expenses of obtaining medical records, postage costs, and the Court’s filing fee. I find the majority of the requested costs reasonable, except for $298.12 in claimed costs that have 3 The f ollowing billing entries reflect tasks considered paralegal in nature: 8/15/23: “Prepare Certificate of Service.” 12/8/23 (three entries): “Prepare Notice of Filing Medical Records; Prepare Additional Notice of Filing Medical Records; Prepare Petitioner’s Exhibit List.” 12/11/23 (two entries): “Prepare Notice of Filing Medical Records; Prepare Petitioner’s Exhibit List.” Additional entries ref lecting the same tasks are dated as f ollows: 12/13/23 (three entries); 12/19/23 (two entries); 1/17/24 (two entries); 1/23/24 (two entries); 1/30/24 (two entries); 2/12/24 (two entries); 7/1/24 (two entries); 8/5/24 (three entries); 8/15/24 (three entries); 9/19/24 (two entries); 9/20/24 (f our entries); 10/28/24 (three entries); 3/14/25 (three entries); 9/2/25; 9/11/25. See ECF No. 88 at 3-16, f or a combined total of 7.70 hours of paralegal work billed by attorney Daley. 4 This calculated as f ollows: ($427.00 - $186.00 = $241.00 x 7.70 hours) = $1,855.70. 3 not been substantiated with the required supporting documentation, such as an invoice or proof of payment. See ECF No. 88 at 17-37. Before reimbursement of costs will be made, sufficient supporting documentation such as invoices, receipts, and billing statements must be provided. See Guidelines for Practice Under the National Vaccine Injury Compensation Program at 74 (emphasis added). 5 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). Accordingly, I disallow reimbursement of unsubstantiated costs claimed herein. Application of the foregoing reduces the total amount of litigation costs to be awarded by $298.12. 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 $56,679.53 (representing $53,995.90 in fees plus $2,683.63 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 5 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 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. 4