VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01346 Package ID: USCOURTS-cofc-1_23-vv-01346 Petitioner: Mark E. Hanson Filed: 2023-08-17 Decided: 2025-01-27 Vaccine: influenza Vaccination date: 2022-09-04 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 112588 AI-assisted case summary: Mark E. Hanson filed a petition for vaccine compensation on August 17, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on September 4, 2022. The respondent, the Secretary of Health and Human Services, conceded that Mr. Hanson's injury was consistent with a SIRVA and that he met all legal prerequisites for compensation. A ruling on entitlement was issued on May 20, 2024, finding Mr. Hanson entitled to compensation. Subsequently, on December 19, 2024, the parties filed a joint stipulation agreeing to a settlement. The court adopted this stipulation as its decision awarding damages. Mr. Hanson was awarded a lump sum of $112,588.24, representing compensation for all damages available under the Vaccine Act. This amount covers his SIRVA Table injury, and he released the United States and the Secretary from further claims related to this vaccination. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01346-0 Date issued/filed: 2024-06-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/20/2024) regarding 29 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01346-UNJ Document 32 Filed 06/20/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1346V MARK E. HANSON, Chief Special Master Corcoran Petitioner, Filed: May 20, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Heidi Marie Torvik, Lommen Abdo P.A., Minneapolis, MN, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 17, 2023, Mark E. Hanson 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”) as a result of an influenza (“flu”) vaccine administered on September 4, 2022. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that he experienced the residual effects of his condition for more than six months, and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury. Petition at 1, 4- 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01346-UNJ Document 32 Filed 06/20/24 Page 2 of 2 On May 16, 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) Report at 1. Specifically, Respondent has concluded that Petitioner’s injury is consistent with a SIRVA as defined by the Vaccine Injury Table. Id. at 5. Respondent further agrees 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-01346-cl-extra-10734966 Date issued/filed: 2024-06-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268376 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1346V MARK E. HANSON, Chief Special Master Corcoran Petitioner, Filed: May 20, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Heidi Marie Torvik, Lommen Abdo P.A., Minneapolis, MN, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On August 17, 2023, Mark E. Hanson 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”) as a result of an influenza (“flu”) vaccine administered on September 4, 2022. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that he experienced the residual effects of his condition for more than six months, and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury. Petition at 1, 4- 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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). On May 16, 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) Report at 1. Specifically, Respondent has concluded that Petitioner’s injury is consistent with a SIRVA as defined by the Vaccine Injury Table. Id. at 5. Respondent further agrees 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-01346-1 Date issued/filed: 2025-01-27 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/23/2024) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01346-UNJ Document 48 Filed 01/27/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1346V MARK E. HANSON, Chief Special Master Corcoran Petitioner, Filed: December 23, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Heidi Marie Torvik, Lommen Abdo P.A., Minneapolis, MN, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 17, 2023, Mark E. Hanson 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 Table injury - shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of an influenza (“flu”) vaccination on September 4, 2022. Petition at 1, ¶¶ 1-2; Stipulation, filed December 19, 2024, at ¶¶ 1-2, 4. On May 20, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On December 19, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation as stated in the joint stipulation. 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-01346-UNJ Document 48 Filed 01/27/25 Page 2 of 8 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $112,588.24 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. Case 1:23-vv-01346-UNJ Document 48 Filed 01/27/25 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARKE. HANSON, Petitioner, No. 23-1346V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Mark E. Hanson ("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 is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a) 2. Petitioner received a flu vaccine on September 4, 2022.1 3. The vaccine was administered within the United States. 1 On September 7, 2022, petitioner received a COVID-19 vaccine. Vaccines against COV[D-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countenneasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (Mar. 17, 2020). Case 1:23-vv-01346-UNJ Document 48 Filed 01/27/25 Page 4 of 8 4. Petitioner sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table following administration of the flu vaccine, and experienced the residual effects of his SIRVA injury for more than six months. 5. There is not a preponderance of evidence demonstrating that petitioner's injury is due to a factor unrelated to vaccination. 6. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act for his SIRVA Table injury. Therefore, 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 tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $112,588.24 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-2l(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. l 0. 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 2 Case 1:23-vv-01346-UNJ Document 48 Filed 01/27/25 Page 5 of 8 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 X[X 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 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-J S(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, (a) 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 kjnd or nature) that have been brought, could have been brought, or hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) 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 that may be alleged to have resulted from, the vaccinations administered on September 4, 2022, and September 7, 2022, and (ii) that petitioner has had, now has, or hereafter 3 Case 1:23-vv-01346-UNJ Document 48 Filed 01/27/25 Page 6 of 8 may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about August 17, 2023, in the United States Court of Federal Claims as petition No. 23- l346V; and (b) waives any and all rights to any compensation that may be available under the Countenneasures Injury Compensation Program ("CICP"), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccine administered on September 7, 2022, on its own or in combination with the flu vaccine administered on September 4, 2022, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about August 17, 2023, in the United States Court of Federal Claims as petition No. 23-1346V, including a flu vaccination, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, he hereby withdraws such claim for compensation in the CICP. 2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed, petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP. 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 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 tenns of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 2 After entry of judgment reflecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of his CICP claim and waiver of any potential compensation under the CICP. 4 Case 1:23-vv-01346-UNJ Document 48 Filed 01/27/25 Page 7 of 8 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 jn 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 shoulder injury or any other injury or his current condition; however, petitioner has satisfied the Table criteria to establish entitlement to compensation. 18. All rights and obligations of petitioner hereunder shall apply equally to his heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I 5 Case 1:23-vv-01346-UNJ Document 48 Filed 01/27/25 Page 8 of 8 Respectfulty submitted, PETITIONER: . KE. HANSON I AITORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: 1mL &r:t.· /VI. ,M2~Pe,..1Ll.MA HEIDI M. TORVIK HEATHER L. PEARLMAN - "'-.. LOMMEN ABDO, P.A. Deputy Director 920 Second A venue South. Suite 1000 Torts Branch Minneapolis, MN 55402 Civil Division htorvik@lommen.com U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE AITORNEYOFRECORDFOR OF THE SECRETA RY OF HEALTH RESPONDENT: AND HUMsA• N SER,V ICES: rey ~ ~ i f ' Jeff Digitally slgn,d by Jeffrey S. Beach •S 8 eaC h -S _ Date: 2024.12.10 Q2',2:i:S3 -os•oo• for CAPT GEORGE REED GRIMES, MD, MPH ~ IA D. LANGEL Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resow-ces 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 202-451-7659 Rockville, MD 20857 fe licia.d.langel@usdoj.gov 6 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01346-cl-extra-11082093 Date issued/filed: 2025-06-23 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10615505 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1346V MARK E. HANSON, Chief Special Master Corcoran Petitioner, v. Filed: May 21, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 17, 2023, Mark E. Hanson 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 Table injury - shoulder injury related to vaccine administration as a result of the administration of an influenza vaccination on September 4, 2022. Petition, ECF No. 1. On December 23, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 43. 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 $40,865.28 (representing $39,256.50 in fees plus $ 1,608.78 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed February 10, 2025, ECF No. 54. Furthermore, Petitioner filed a signed statement representing that she incurred no personal out-of- pocket expenses. ECF No. 50. Respondent reacted to the motion on February 26, 2025, reporting that he is satisfied that 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 2-3, ECF No. 51. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. Petitioner is requesting the hourly rate of $495.00 for 2025 work performed by her attorney Kathleen Loucks, representing a rate increase of $20.00 from the previous year. I find the proposed increase to be reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 49 at 34-46. 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 Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $40,865.28 (representing $39,256.50 in fees plus $1,608.78 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. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2