VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01553 Package ID: USCOURTS-cofc-1_23-vv-01553 Petitioner: Sara Kinsey Filed: 2023-09-11 Decided: 2025-03-07 Vaccine: influenza Vaccination date: 2020-09-11 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: On September 11, 2023, Sara Kinsey filed a petition seeking compensation after an influenza vaccination administered on September 11, 2020. She alleged that she suffered a shoulder injury related to vaccine administration and that the injury continued for more than six months. Respondent denied that Ms. Kinsey sustained a Table SIRVA, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. The public stipulation decision does not describe the first symptom, onset interval, shoulder examinations, imaging, injections, therapy, or daily-life effects. The parties resolved the case by joint stipulation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and, on March 7, 2025, awarded Ms. Kinsey $25,000.00 as a lump sum through counsel's IOLTA account for all damages available under the Vaccine Act. A later December 5, 2025 decision addressed attorneys' fees and costs, not additional injury compensation. Theory of causation field: Adult petitioner; influenza vaccine September 11, 2020; alleged SIRVA. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae. Public merits text lacks clinical chronology. Award $25,000.00 lump sum. SM Corcoran March 7, 2025. Petition filed September 11, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01553-0 Date issued/filed: 2025-04-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/07/2025) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01553-UNJ Document 41 Filed 04/10/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1553V SARA KINSEY, Chief Special Master Corcoran Petitioner, Filed: March 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael Arvin Firestone, Marvin Firestone, MD, JD, and Associates, San Mateo, CA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 11, 2023, Sara Kinsey 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 influenza vaccination she received on September 11, 2020. Petition at 1; Stipulation, filed at March 6, 2025, ¶¶ 2, 4. Petitioner further alleges that her vaccine-related injury “has persisted for more than six months.” Petition at ¶ 24; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged SIRVA, or any other injury; and denies that Petitioner’s current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 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-01553-UNJ Document 41 Filed 04/10/25 Page 2 of 7 Nevertheless, on March 6, 2025, the parties filed the attached joint stipulation,3 stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $25,000.00, 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The filed Stipulation included an electronic signature page, which has been removed from the attached to protect the confidential information of the signers. 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:23-vv-01553-UNJ Document 41 Filed 04/10/25 Page 3 of 7 Case 1:23-vv-01553-UNJ Document 41 Filed 04/10/25 Page 4 of 7 Case 1:23-vv-01553-UNJ Document 41 Filed 04/10/25 Page 5 of 7 Case 1:23-vv-01553-UNJ Document 41 Filed 04/10/25 Page 6 of 7 Case 1:23-vv-01553-UNJ Document 41 Filed 04/10/25 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01553-cl-extra-11236246 Date issued/filed: 2026-01-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10769661 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1553V SARA KINSEY, Chief Special Master Corcoran Petitioner, v. Filed: December 5, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael Avrim Firestone, Marvin Firestone, MD, JD, and Associates, San Mateo, CA, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 11, 2023, Sara Kinsey 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 received a shoulder injury related to vaccine administration following an influenza vaccine she received on September 11, 2020. Petition, ECF No. 1. On March 7, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 39. 1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $37,680.07 (representing $37,150.10 in fees plus $529.97 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed August 18, 2025, ECF No. 42. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 42 at 59. Respondent reacted to the motion on August 28, 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 2-3, ECF No. 43. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request and find a reduction in the amount of fees to be awarded appropriate, for the reason listed below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs to 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 The attorney rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded herein. However, regarding paralegal work, Petitioner requests $225.00 for paralegal work performed by Pat Barrick in 2023 and $240.00 for paralegal work performed by Pat Barrick in 2024 and 2025. These rates exceed the Vaccine Program’s published hourly range for paralegals for 2023, 2024, and 2025, and require adjustment. 3 I will therefore compensate all paralegal work performed in 2023 at the rate of $186.00 per hour, work performed in 2024 at the rate of $197.00 per hour, and work performed in 2025 at the rate of $212.00 per hour. These rates are consistent with the Vaccine Program’s published range for paralegals for those years and reflect the highest rate in the range. This reduces the amount of fees to be awarded by $657.40. 4 ATTORNEY COSTS Petitioner has provided supporting documentation for all claimed costs. ECF No. 42 at 30-37. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and they shall be awarded 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 $37,022.67 (representing $36,492.70 in fees plus $529.97 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 3 The OSM Attorneys’ Forum Hourly Rate Schedules are available on the U.S. Court of Federal Claims website at https://www.uscfc.uscourts.gov/osm-attorneys-forum-hourly-rate-fee-schedules 4 This amount is calculated as follows: ($225.00 - $186.00 = $39.00 x 0.80 hrs) + ($240 - $197.00 = $43.00 x 13.00 hrs.) + ($240.00 - $212.00 = $28.00 x 2.40 hrs.) = $657.40. 3 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 filing a joint notice renouncing their right to seek review. 4