VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01703 Package ID: USCOURTS-cofc-1_23-vv-01703 Petitioner: David Taylor Filed: 2023-10-02 Decided: 2024-06-05 Vaccine: influenza Vaccination date: 2020-10-12 Condition: bilateral shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: David Taylor filed a petition for compensation under the National Vaccine Injury Compensation Program on October 2, 2023, alleging that he suffered bilateral shoulder injuries related to vaccine administration (SIRVA) after receiving the Prevnar 13 and influenza vaccines on October 12, 2020. He stated that the vaccines were administered within the United States, that he experienced residual effects for more than six months, and that no civil action or prior compensation had been sought for these injuries. Respondent denied that Mr. Taylor sustained any SIRVA Table injury, denied that the vaccines caused his alleged shoulder injuries or any other injuries, and denied that his current conditions were sequelae of vaccine-related injuries. Despite these denials, the parties filed a joint stipulation on May 2, 2024, agreeing to settle the issues and award compensation. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, David Taylor was awarded a lump sum of $25,000.00 as compensation for all items of damages available under Section 15(a). This amount represents a compromise of the parties' respective positions on liability and damages. The court directed that judgment be entered in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01703-0 Date issued/filed: 2024-06-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/02/2024) regarding 20 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01703-UNJ Document 26 Filed 06/05/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1703V DAVID TAYLOR, Chief Special Master Corcoran Petitioner, Filed: May 2, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 2, 2023, David Taylor 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 bilateral shoulder injuries related to vaccine administration (“SIRVAs”), defined Table injuries, and in the alternative caused- in-fact injuries, after receiving the Prevnar 13 and influenza (“flu”) vaccines, one vaccine in each arm, on October 12, 2020. Petition at 1, ¶¶ 4, 15-19; Stipulation, filed May 2, 2024, ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccines within the United States, that he suffered the residual effects of his SIRVAs for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his SIRVAs, alleged as vaccine caused. Petition at ¶¶ 20-22; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained any SIRVA Table injury; denies that the vaccines caused [P]etitioner’s alleged shoulder injuries or any other injuries; and denies 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-01703-UNJ Document 26 Filed 06/05/24 Page 2 of 7 that [P]etitioner’s current conditions are sequela of vaccine-related injuries.” Stipulation at ¶ 6. Nevertheless, on May 2, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $25,000.00 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-01703-UNJ Document 26 Filed 06/05/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DAY ID TAYLOR ) ) Petitioner, ) No. 23-l 703V ) Chief Special Master Corcoran V. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) _______________ ) STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner, David Taylor, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300rna-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") and Prevnar-13 ("Prevnar) vaccines, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine in his right arm, and the Prevnar vaccine in his left arm, on or about October 12, 2020. 3. The vaccines were administered within the United States. 4. The petition alleges a claim of bilateral shoulder injuri1;:s related to vaccine administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that the alleged shoulder injuries were caused by the vaccines. The petition further alleges that petitioner experienced the residual effects of these conditions for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action Case 1:23-vv-01703-UNJ Document 26 Filed 06/05/24 Page 4 of 7 for damages arising out of the alleged vaccine injuries. 6. Respondent denies that petitioner sustained any SIRVA Table injury; denies that the vaccines caused petitioner's alleged shoulder injuries or any other injuries; and denies that petitioner's current conditions are sequelae of vaccine-related injuries. 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(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $25,000.00 in the form of a check payalble 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)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in any proceeding upon this petition. 10. Petitioner and petitioner's attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, 2 Case 1:23-vv-01703-UNJ Document 26 Filed 06/05/24 Page 5 of 7 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, and represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g). 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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of p1~titioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-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, 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 United States Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l O 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 and/or Prevnar vaccinations administered on October 12, 2020, as alleged in a petition for vaccine 3 Case 1:23-vv-01703-UNJ Document 26 Filed 06/05/24 Page 6 of 7 compensation filed on or about October 2, 2023, in the United States Court of Federal Claims as petition No. 23-l 703V. 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 United States Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the: terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccines caused petitioner's alleged injuries or any other injuries or petitioner's current conditions, or that petitioner suffered any injuries contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:23-vv-01703-UNJ Document 26 Filed 06/05/24 Page 7 of 7 Respectfully submitted, PETITIONER: :;;;:.or{Aprl0,102' l0!>7EDll DA YID TAYLOR ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: IS/ ff.ftx:{h,t,,\ lf:eM_ I~ h.!:J /s/a.1..t;,~ ./5 ~ HEATHER L. PEARLMAN gheib Sayad, P.C. Deputy Director 75 S. Broadway Torts Branch, Civil Division 4th Floor U.S. Department of Justice White Plains, NY 10601 P.O. Box 146 914-729-1110 Benjamin Franklin Station j im@vaccinelawyers.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes DigitallysignedbyGeorgeR. Grimes-S14 -S 14 Date: 2024.04.28 08:38:32 -04'00' CDR GEORGE REED GRIMES, MD, MPH Director, Division oflnjury ttorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department of Health and Washington, DC 20044-0146 Human Services 202-305-4035 5600 Fishers Lane, 08W-25A parisa.t abassian@usdoj.gov Rockville, MD 20857 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01703-cl-extra-10735109 Date issued/filed: 2024-06-05 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268519 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1703V DAVID TAYLOR, Chief Special Master Corcoran Petitioner, Filed: May 2, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 2, 2023, David Taylor 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 bilateral shoulder injuries related to vaccine administration (“SIRVAs”), defined Table injuries, and in the alternative caused- in-fact injuries, after receiving the Prevnar 13 and influenza (“flu”) vaccines, one vaccine in each arm, on October 12, 2020. Petition at 1, ¶¶ 4, 15-19; Stipulation, filed May 2, 2024, ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccines within the United States, that he suffered the residual effects of his SIRVAs for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his SIRVAs, alleged as vaccine caused. Petition at ¶¶ 20-22; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained any SIRVA Table injury; denies that the vaccines caused [P]etitioner’s alleged shoulder injuries or any other injuries; and denies 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). that [P]etitioner’s current conditions are sequela of vaccine-related injuries.” Stipulation at ¶ 6. Nevertheless, on May 2, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $25,000.00 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 OFFICE OF SPECIAL MASTERS DA YID TAYLOR ) ) Petitioner, ) No. 23-l 703V ) Chief Special Master Corcoran V. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) _______________) STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner, David Taylor, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300rna-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner' s receipt of the influenza ("flu") and Prevnar-13 ("Prevnar) vaccines, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine in his right arm, and the Prevnar vaccine in his left arm, on or about October 12, 2020. 3. The vaccines were administered within the United States. 4. The petition alleges a claim of bilateral shoulder injuri1;:s related to vaccine administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that the alleged shoulder injuries were caused by the vaccines. The petition further alleges that petitioner experienced the residual effects of these conditions for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages arising out of the alleged vaccine injuries. 6. Respondent denies that petitioner sustained any SIRVA Table injury; denies that the vaccines caused petitioner's alleged shoulder injuries or any other injuries; and denies that petitioner's current conditions are sequelae of vaccine-related injuries. 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(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $25,000.00 in the form of a check payalble 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)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in any proceeding upon this petition. 10. Petitioner and petitioner's attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, 2 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, and represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g). 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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of p1~titioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa- 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, 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 United States Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa- l O 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 and/or Prevnar vaccinations administered on October 12, 2020, as alleged in a petition for vaccine 3 compensation filed on or about October 2, 2023, in the United States Court of Federal Claims as petition No. 23-l 703V. 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 United States Court of Federal Claims fai ls to enter judgment in conformity with a decision that is in complete conformity with the: terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccines caused petitioner's alleged injuries or any other injuries or petitioner's current conditions, or that petitioner suffered any injuries 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 Respectfully submitted, PETITIONER: :;;;:.or{Apr l 0,102' l 0!>7EDll DA YID TAYLOR ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: IS/ ff.ftx:{h,t,,\ lf:eM_ I~ h.!:J /s/a.1..t;,~ ./5 ~ HEATHER L. PEARLMAN gheib Sayad, P.C. Deputy Director 75 S. Broadway Torts Branch, Civil Division 4 th Floor U.S. Department of Justice White Plains, NY 10601 P.O. Box 146 914-729-1110 Benjamin Franklin Station j im@vacc inelawyers.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes DigitallysignedbyGeorgeR. Grimes-S14 -S 14 Date: 2024.04.28 08:38:32 -04'00' CDR GEORGE REED GRIMES, MD, MPH Director, Division oflnjury ttorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department of Health and Washington, DC 20044-0146 Human Services 202-305-4035 5600 Fishers Lane, 08W-25A parisa.tabass ian@ usdo j.gov Rockville, MD 20857 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01703-cl-extra-10734134 Date issued/filed: 2024-09-26 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267544 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1703V DAVID TAYLOR, Chief Special Master Corcoran Petitioner, v. Filed: August 26, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 2, 2023, David Taylor 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 bilateral shoulder injuries related to vaccine administration defined Table injuries, and in the alternative caused-in-fact injuries, after receiving the Prevnar 13 and influenza vaccines, one vaccine in each arm, on October 12, 2020. ECF No. 1. On May 2, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 20. 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 $25,348.97 (representing $24,290.30 in fees plus $1,058.67 in costs). Application for Attorney’s Fees and Costs (“Motion”) filed May 6, 2024. ECF No. 24. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 24-3. Respondent reacted to the motion on May 10, 2024, indicating 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. 25. Petitioner did not file a 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. 24-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them 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 Petitioner’s Motion for attorney’s fees and costs. I award a total of $25,348.97 (representing $24,290.30 in fees plus $1,058.67 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Jimmy A. Zgheib. 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