VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01677 Package ID: USCOURTS-cofc-1_23-vv-01677 Petitioner: Misty Fuller Filed: 2023-09-28 Decided: 2025-04-24 Vaccine: influenza Vaccination date: 2022-01-20 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 17000 AI-assisted case summary: On September 28, 2023, Misty Fuller filed a petition alleging that an influenza vaccination administered on January 20, 2022 caused a shoulder injury related to vaccine administration. Respondent denied that Ms. Fuller sustained a Table SIRVA, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a vaccine sequela. The public stipulation decision does not describe the first shoulder symptom, onset interval, imaging, injections, therapy, or functional limitations. On April 24, 2025, Chief Special Master Brian H. Corcoran adopted the parties' stipulation and awarded Ms. Fuller $17,000.00 as a lump sum through counsel's IOLTA account for all damages available under the Vaccine Act. A later August 20, 2025 decision addressed attorneys' fees and costs only. Theory of causation field: Adult petitioner; influenza vaccine January 20, 2022; alleged SIRVA. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public merits text lacks clinical chronology. Award $17,000.00 lump sum. SM Corcoran April 24, 2025. Petition filed September 28, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01677-0 Date issued/filed: 2025-05-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/24/2025) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01677-UNJ Document 46 Filed 05/28/25 Page 1 of 7 (cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1677V MISTY FULLER, Chief Special Master Corcoran Petitioner, v. Filed: April 24, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Beaulieu, Siri & Glimstad LLP, Louisville, KY, for Petitioner. Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 28, 2023, Misty Fuller filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On January 20, 2022, Petitioner received an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that Petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table, or in the alternative, that Petitioner suffered an off-Table nerve/arm injury that was caused-in-fact by the flu vaccine. Petitioner further alleges that Petitioner experienced the residual effects of this condition for more than six months. 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-01677-UNJ Document 46 Filed 05/28/25 Page 2 of 7 Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, nerve injury, arm injury, or any other injury; and denies that the flu vaccine caused Petitioner any other injury or Petitioner’s current condition. Nevertheless, on April 24, 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 $17,000.00, 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 3In attaching the parties’ joint stipulation, I have omitted the last page –a Dropbox Sign form that includes personal information regarding Petitioner. 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-01677-UNJ Document 46 Filed 05/28/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MISTY FULLER, Petitioner, No. 23-I 677V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Misty Fuller ("'peti~ioner'') 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. § I 00.3(a). 2. Petitioner received a flu vaccine on January 20, 2022. 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. or in the alternative, that petitioner suffered an off-Table nerve/arm injury that was caused-in-fact by the flu vaccine. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months. Doc ID: fe98af0c307d2dc1029cca37b445d2dbdf4Qa483 Case 1:23-vv-01677-UNJ Document 46 Filed 05/28/25 Page 4 of 7 5. 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 the alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged shoulder injury, nerve injury, arm injury, or any other injury; and denies that the t7u vaccine caused petitioner any other injury or petitioner's current condition. 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 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-2l (aXI ), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum payment of $17,000.00 to be paid through an ACH deposit to petitioner's counsel's IOL TA account for prompt disbursement 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-21 (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 2 Doc ID: fe98af0c307d2dc1029cca37b445d2dbdf40a483 Case 1:23-vv-01677-UNJ Document 46 Filed 05/28/25 Page 5 of 7 primarily liable under 42 U .S.C. § JO0aa-1 S(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. 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-l 5(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 of4 2 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 be timely brought in the Court of Federal Claims. under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-J0 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 3 Doc ID: fe98af0c307d2dc1029cca37b445d2dbdf40a483 Case 1:23-vv-01677-UNJ Document 46 Filed 05/28/25 Page 6 of 7 January 20, 2022. as alleged in a petition for vaccine compensation filed on or about September 28, 2023, in the United States Court of Federal Claims as petition No. 23~ 1677V. 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 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 agreemenL 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services thatthe flu vaccine caused petitioner's alleged shoulder and/or arm 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 Doc ID: fe98af0c307d2dc1029cca37b445d2dbdf40a483 Case 1:23-vv-01677-UNJ Document 46 Filed 05/28/25 Page 7 of 7 Respectfully submitted, PETITlONER: ~~ MISTY FULLER ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETJTI ON ER: OF THE ATTORNEY GENERAL: ~ a+HA,¾_ f?ua~ J~LIEU HEATHER L. PEARLMAN SJRI & GLIMSTAD LLP Deputy Director IO I North Seventh Street, #827 Torts Branch Louisville, KY 40202 Civil Division (509) 822-2463 U.S. Department of Justice jbeau lieu@sirilIp.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORlZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: S. Jeffrey Digitally signed by Jeffreys. Beach ·S Beach S D.lte: 2025.03.11 , ~ ~ ____- ___ 1s;44;44 .94·00· ,or CAPT GEORGE REED GRIMES, MD, MPH MARGARET ARMSTRONG Director, Division off njury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau CiviJ Division Health Resources 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) 616-4043 Rockville, MD 20857 margaret.armstrong@usdoj.gov 5 Doc ID: fe98af0c307d2dc1029cca37b445d2dbdf40a483 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01677-cl-extra-11060354 Date issued/filed: 2025-05-28 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10593766 -------------------------------------------------------------------------------- $033&$5&% In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1677V MISTY FULLER, Chief Special Master Corcoran Petitioner, v. Filed: April 24, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Beaulieu, Siri & Glimstad LLP, Louisville, KY, for Petitioner. Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 28, 2023, Misty Fuller filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On January 20, 2022, Petitioner received an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that Petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table, or in the alternative, that Petitioner suffered an off-Table nerve/arm injury that was caused-in-fact by the flu vaccine. Petitioner further alleges that Petitioner experienced the residual effects of this condition for more than six months. 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). Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, nerve injury, arm injury, or any other injury; and denies that the flu vaccine caused Petitioner any other injury or Petitioner’s current condition. Nevertheless, on April 24, 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 $17,000.00, 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 In attaching the parties’ joint stipulation, I have omitted the last page – a Dropbox Sign form that includes personal information regarding Petitioner. 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MISTY FULLER, Petitioner, No. 23- I677V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Misty Fuller ("'peti~ioner'') 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. § I 00.3(a). 2. Petitioner received a flu vaccine on January 20, 2022. 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. or in the alternative, that petitioner suffered an off-Table nerve/arm injury that was caused-in-fact by the flu vaccine. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months. Doc ID: fe98af0c307d2dc1029cca37b445d2dbdf4Qa483 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a resu lt 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, nerve injury, arm injury, or any other injury; and denies that the t7u vaccine caused petitioner any other injury or petitioner's current condition. 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-2l (aXI ), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum payment of $17,000.00 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-l 5(a). 9 . As soon as practicable after the entry ofjudgment 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)(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 2 Doc ID: fe98af0c307d2dc1029cca37b445d2dbdf40a483 primarily liable under 42 U.S.C. § JO0aa-1 S(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. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipu lation will be made in accordance with 42 U.S.C. § 300aa-l 5(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 of42 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 be timely brought in the Court of Federal Claims. under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-J0 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 3 Doc ID: fe98af0c307d2dc1029cca37b445d2dbdf40a483 January 20, 2022. as alleged in a petition for vaccine compensation filed on or about September 28, 2023, in the United States Court of Federal Claims as petition No. 23~ 1677V. 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 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 agreemenL 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services thatthe flu vaccine caused petitioner's alleged shoulder and/or arm 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 Doc ID: fe98af0c307d2dc1029cca37b445d2dbdf40a483 Respectfully submitted, PETITlONER: ~~ MISTY FULLER ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETJTI ON ER: OF THE ATTORNEY GENERAL: ~ a+HA,¾_ f ? u a ~ J~LIEU HEATHER L. PEARLMAN SJRI & GLIMSTAD LLP Deputy Director IO I North Seventh Street, #827 Torts Branch Louisville, KY 40202 Civil Division (509) 822-2463 U.S. Department of Justice jbeau lieu@sirilIp.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORlZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. Digitally signed by Jeffreys. Beach ·S ~ ~ D.lte: 2025.03.11 , _Beach S _ _ _-___ 1s;44;44 .94·00· ,or CAPT GEORGE REED GRIMES, MD, MPH MARGARET ARMSTRONG Director, Division off njury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau CiviJ Division Health Resources 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) 616-4043 Rockville, MD 20857 margaret.armstrong@usdoj.gov 5 Doc ID: fe98af0c307d2dc1029cca37b445d2dbdf40a483 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01677-cl-extra-11145986 Date issued/filed: 2025-09-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10679399 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1677V MISTY FULLER, Chief Special Master Corcoran Petitioner, v. Filed: August 20, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Beaulieu, Siri & Glimstad, LLP, Louisville, KY, for Petitioner. Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 28, 2023, Misty Fuller 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 suffered a shoulder injury related to vaccine administration resulting from an influenza vaccine received on January 20, 2022. Petition, ECF No. 1. On April 24, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 40. 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 $30,194.96 (representing $29,085.40 in fees plus $1,109.56 in costs). Application for Fees and Costs (“Motion”) filed May 16, 2025, ECF No. 45. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out-of-pocket expenses. ECF No. 44-3. Respondent reacted to the motion on May 29, 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 2-4, ECF No. 47. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears 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. 44-1. 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. I award a total of $30,194.96 (representing $29,085.40 in fees plus $1,109.56 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