VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01672 Package ID: USCOURTS-cofc-1_23-vv-01672 Petitioner: Raymond Motyka Filed: 2023-09-28 Decided: 2024-11-07 Vaccine: influenza Vaccination date: 2021-09-29 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 127000 AI-assisted case summary: Raymond Motyka filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccination on September 29, 2021. He further alleged that he experienced residual effects of the injury for more than six months. The respondent, the Secretary of Health and Human Services, conceded that Mr. Motyka was entitled to compensation, stating that he satisfied the criteria set forth in the Vaccine Injury Table and its accompanying interpretations. Subsequently, the parties filed a joint stipulation agreeing to an award of compensation. The court adopted the stipulation as its decision, awarding Mr. Motyka a lump sum of $127,000.00. This amount represents compensation for all items of damages available under the Vaccine Act. The stipulation also addressed the release of claims and the process for awarding attorneys' fees and costs. The decision was finalized on November 7, 2024, with the petition having been filed on September 28, 2023. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01672-0 Date issued/filed: 2024-08-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/22/2024) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01672-UNJ Document 21 Filed 08/27/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1672V RAYMOND MOTYKA, Chief Special Master Corcoran Petitioner, Filed: July 22, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 28, 2023, Raymond Motyka (“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 September 29, 2021. 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 July 17, 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, 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-01672-UNJ Document 21 Filed 08/27/24 Page 2 of 2 ECF No. 17. Specifically, Respondent indicated that “[P]etitioner has satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation[.]” Id. at 4-5. 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-01672-cl-extra-10734402 Date issued/filed: 2024-08-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267812 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1672V RAYMOND MOTYKA, Chief Special Master Corcoran Petitioner, Filed: July 22, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On September 28, 2023, Raymond Motyka (“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 September 29, 2021. 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 July 17, 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, 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). ECF No. 17. Specifically, Respondent indicated that “[P]etitioner has satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation[.]” Id. at 4-5. 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-01672-1 Date issued/filed: 2024-11-07 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 10/07/2024) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01672-UNJ Document 31 Filed 11/07/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1672V RAYMOND MOTYKA, Chief Special Master Corcoran Petitioner, Filed: October 7, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 28, 2023, Raymond Motyka 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 September 29, 2021. Petition at 1; Stipulation, filed onOctober 7, 2024, ¶¶ 2, 4.Petitioner further alleges that he received the vaccine in the United States, that he experienced the residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action as a result of his condition. Petition at ¶¶ 1, 11; Stipulation at ¶¶ 3-5. Nevertheless, on October 7, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. 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. 2National 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-01672-UNJ Document 31 Filed 11/07/24 Page 2 of 8 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $127,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:23-vv-01672-UNJ Document 31 Filed 11/07/24 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFIC,E OF SPECIAL MASTERS RAYMOND MOTYKA. Petitioner, No. 23-I 672V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Raymond Motyka, petitioner. filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 to -34 (the ·'Vaccine Program''). The petition seeks compensation for injuries allegedly related to petitioner·s receipt of an influenza ("flu'') vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table'"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on September 29, 2021.1 3. The vaccination was administered within the United States. 4. Petitioner developed Gui I lain-Barre Syndrome ("GBS'') within the time period set 1 On October 7, 2021, petitioner received a COYID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-I4 and 42 C.F.R. § I 00.3(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 COVI0-I9 countermeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program (''CICP"). See 85 red. Reg. 15198, 15202 (March 17, 2020). Case 1:23-vv-01672-UNJ Document 31 Filed 11/07/24 Page 4 of 8 fo1th in the Table following receipt of the flu vaccine, and experienced the residual effects of a GBS for more than six months. 5. There is not a preponderance of evidence demonstrating that petitioner's GBS 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 petitioner: s behalf as a result of petitioner's condition. 7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act for her GBS Table injury. Therefore, a decision should be entered awarding the compensation described in paragraph 8 ofthis Stipulation. 8. As soon as practicable after an entry ofj udgment 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-2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$127,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. 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-l 5(g), to the extent that payment has been made or can 2 Case 1:23-vv-01672-UNJ Document 31 Filed 11/07/24 Page 5 of 8 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. 11. Payment made pursuant to paragraph 8 of this Stipulation 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 litigatjon 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-l 5(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, (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 kind 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-I0 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 29, 2021 and October 7, 2021, and (ii) that petitioner has had, now has. or hereafter may have with respect to the injury that gave rise to the petition for vaccine 3 Case 1:23-vv-01672-UNJ Document 31 Filed 11/07/24 Page 6 of 8 compensation filed on or about September 28, 2023, in the United States Court of Federal Claims as petition No. 23-I 672V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures 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-I 9 vaccination administered on October 7, 2021, on its own or in combination with the flu vaccination administered on the same date, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about September 28, 2023, in the United States Court of Federal Claims as petition No. 23-I672V, including GBS, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP.2 Ifno 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 fai Is 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 I 986, as amended, except 2 After entry ofj udgment 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 their CICP claim and waiver of any potential compensation under the CICP. 4 Case 1:23-vv-01672-UNJ Document 31 Filed 11/07/24 Page 7 of 8 as otherwise noted in paragraph 9 above. There is absolutely no agreement on the pa1t 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 patties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to 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. The Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the fl.u vaccine caused petitioner's GBS or any other injury or her 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 petitioner· s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 Case 1:23-vv-01672-UNJ Document 31 Filed 11/07/24 Page 8 of 8 Respectfully submitted, PETITIONER: f<~~l-fd/jLv RA YMONMOTYKA ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: -4dJ c&kb ~ Qe,, t..l ~ BRUCE SLANE HEATHER L. PEARLMAN Attorney for Petitioner Deputy Director The Law Office of Bruce W. Slane, P.C. Torts Branch, Civil Division 188 East Post Road, Suite 205 U.S. Department of Justice White Plains, New York l 060 I P.O. Box 146 Phone: (9 I 4) 269-20 I 0 Benjamin Franklin Station Fax: (914) 269-2011 Washington, DC 20044-0146 Email: brnce@slane-law.com AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes - Digitally signed by George R. Grimes-$16 S1 6 Date: 2024.09.27 12:24:50-04'00' CAPT GEORGE REED GRIMES, MD, MPH Director. Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems j3ureau U.S. Department of Justice Health Resources and Services 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 202-616-4179 Rockville, Md 20857 alexa.roggenkamp@usdoj.gov Dated:~ -f - - 6 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01672-cl-extra-10733779 Date issued/filed: 2024-11-07 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267189 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1672V RAYMOND MOTYKA, Chief Special Master Corcoran Petitioner, Filed: October 7, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 28, 2023, Raymond Motyka 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 September 29, 2021. Petition at 1; Stipulation, filed on October 7, 2024, ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he experienced the residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action as a result of his condition. Petition at ¶¶ 1, 11; Stipulation at ¶¶ 3-5. Nevertheless, on October 7, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $127,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFIC,E OF SPECIAL MASTERS RAYMOND MOTYKA. Petitioner, No. 23- I 672V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Raymond Motyka, petitioner. filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 to -34 (the ·'Vaccine Program''). The petition seeks compensation for injuries allegedly related to petitioner·s receipt of an influenza ("flu'') vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table'"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on September 29, 2021. 1 3. The vaccination was administered within the United States. 4. Petitioner developed Gui I lain-Barre Syndrome ("GBS'') within the time period set 1 On October 7, 2021, petitioner received a COYID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-I4 and 42 C.F.R. § I 00.3(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 COVI0-I9 countermeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program (''CICP"). See 85 red. Reg. 15198, 15202 (March 17, 2020). fo1th in the Table following receipt of the flu vaccine, and experienced the residual effects of a GBS for more than six months. 5. There is not a preponderance of evidence demonstrating that petitioner's GBS 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 petitioner: s behalf as a result of petitioner's condition. 7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act for her GBS Table injury. Therefore, a decision should be entered awarding the compensation described in paragraph 8 ofthis Stipulation. 8. As soon as practicable after an entry ofjudgment 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-2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$127,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- l 5(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. 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-l 5(g), to the extent that payment has been made or can 2 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. 11. Payment made pursuant to paragraph 8 of this Stipulation 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 litigatjon 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- l 5(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, (a) does forever irrevocably and unconditionally release, acquit, and discharge the Un ited 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 hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-I0 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 29, 2021 and October 7, 2021, and (ii) that petitioner has had, now has. or hereafter may have with respect to the injury that gave rise to the petition for vaccine 3 compensation filed on or about September 28, 2023, in the United States Court of Federal Claims as petition No. 23- I 672V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures 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- I 9 vaccination administered on October 7, 2021, on its own or in combination with the flu vaccination administered on the same date, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about September 28, 2023, in the United States Court of Federal Claims as petition No. 23- I672V, including GBS, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP. 2 Ifno 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 of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fai Is 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 I 986, as amended, except 2 After entry ofjudgment 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 their CICP claim and waiver of any potential compensation under the CICP. 4 as otherwise noted in paragraph 9 above. There is absolutely no agreement on the pa1t 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 patties further agree and understand that the award described in this Stipu lation may reflect a compromise of the parties' respective positions as to 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. The Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the fl.u vaccine caused petitioner's GBS or any other injury or her 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 petitioner· s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 Respectfully submitted, PETITIONER: f<~~l-fd/jLv RA YMONMOTYKA ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: -4dJ c&kb ~ Qe,, t..l ~ BRUCE SLANE HEATHER L. PEARLMAN Attorney for Petitioner Deputy Director The Law Office of Bruce W. Slane, P.C. Torts Branch, Civil Division 188 East Post Road, Suite 205 U.S. Department of Justice White Plains, New York l 060 I P.O. Box 146 Phone: (9 I 4) 269-20 I 0 Benjamin Franklin Station Fax: (914) 269-2011 Washington, DC 20044-0146 Email: brnce@slane-law.com AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes - Digitally signed by George R. Grimes -$16 S16 Date: 2024.09.27 12:24:50-0 4'00' CAPT GEORGE REED GRIMES, MD, MPH Director. Division of Injury Trial A ttorney Compensation Programs Torts Branch, Civil Division Health Systems j3ureau U.S. Department of Justice Health Resources and Services 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 202-6 16-4179 Rockville, Md 20857 alexa.roggenkamp@usdoj.gov Dated: ~ -f - - 6 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-01672-cl-extra-11124652 Date issued/filed: 2025-08-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10658065 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1672V RAYMOND MOTYKA, Chief Special Master Corcoran Petitioner, Filed: July 21, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 28, 2023, Raymond Motyka 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 related to vaccine administration following an influenza vaccine he received on September 29, 2021. Petition, ECF No. 1. On October 7, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. 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 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 $25,799.01 (representing $25,132.55 in fees plus $666.46 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed March 28, 2025, ECF No. 33. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 33-3 at 2. Respondent reacted to the motion on April 10, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-4, ECF No. 34. 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 reasons listed 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 I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2024 are reasonable and consistent with our prior determinations. Petitioner has requested an hourly rate of $455.00 for 2025 work performed by attorney Bruce W. Slane, representing a rate increase of $15.00 from the previous year. Petitioner has also requested a paralegal/law clerk rate of $190.00 for work performed in 2025. I find the proposed rates to be reasonable and hereby award them herein. However, a few of the tasks performed by attorney Bruce Slane and Attorney Jeremy Barberi in this matter are more properly billed using a paralegal rate.3 “Tasks that can be completed by a paralegal or a legal assistant should not be billed at an attorney’s rate.” Riggins v. Sec’y of Health & Hum. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009). “[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 tasks, they must be charged at a reduced rate comparable to that of a paralegal. Application of the foregoing reduces the amount of fees to be awarded by $280.90.4 Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 33-2 at 2-18. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. CONCLUSION 3 Entries considered paralegal in nature include drafting requests for medical records, following up on medical records requests, bate stamping documents, drafting basic documents such as an exhibit list, PAR questionnaire, notice of filing, notice of intent, statement of completion, cover sheet, joint notice not to seek review. See billing entries dated: 3/7/2023, 9/22/2023 (seven entries), 9/27/2023, 11/18/2024. ECF No. 33- 1 at 2-18. 4 This amount is calculated as follows: ($375.00 - $182.00 = $193.00 x 1.20 hrs.) + ($425.00 - $182.00 = $243.00 x .10 hrs.) + ($440.00 - $190.00 = $250.00 x .10 hrs.) = $280.90. 3 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 $25,518.11 (representing $24,851.65 in fees plus $666.46 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 filing a joint notice renouncing their right to seek review. 4