VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01720 Package ID: USCOURTS-cofc-1_23-vv-01720 Petitioner: Gulsarabonu Ravshanova Filed: 2023-10-03 Decided: 2024-08-07 Vaccine: meningococcal B and meningococcal conjugate Vaccination date: 2022-08-18 Condition: bilateral shoulder injuries related to vaccine administration (SIRVAs) Outcome: compensated Award amount USD: 120655 AI-assisted case summary: Gulsarabonu Ravshanova filed a petition for compensation under the National Vaccine Injury Compensation Program on October 3, 2023. She alleged that she suffered bilateral shoulder injuries related to vaccine administration (SIRVA) after receiving meningococcal B and meningococcal conjugate vaccines on August 18, 2022. The petition stated that the vaccines were administered intramuscularly in her left and right deltoids. Ms. Ravshanova further alleged that she received the vaccines within the United States, suffered residual effects for more than six months, and had not filed a civil action or received compensation for her injuries. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 24, 2024, conceding that Ms. Ravshanova's alleged injury was consistent with SIRVA, a defined Table injury, and that she satisfied all legal prerequisites for compensation. On May 28, 2024, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Ravshanova entitled to compensation. Subsequently, on July 2, 2024, the respondent filed a proffer on the award of compensation. The petitioner agreed to the proffered award. On August 7, 2024, Chief Special Master Corcoran issued a decision awarding Ms. Ravshanova a total of $120,655.40. This award comprised a lump sum payment of $115,000.00 for pain and suffering, payable to Ms. Ravshanova, and a lump sum payment of $5,655.40 to reimburse a Medicaid lien from the Commonwealth of Pennsylvania. The latter amount was to be paid via a check jointly payable to Ms. Ravshanova and the Pennsylvania Department of Human Services, and mailed to the Department's Bureau of Program Integrity, Division of Third Party Liability, Recovery Section. Ms. Ravshanova agreed to endorse this check for satisfaction of the lien. Petitioner counsel was Jimmy A. Zgheib of Zgheib Sayad, P.C. Respondent counsel was Alec Saxe of the U.S. Department of Justice. Theory of causation field: Petitioner Gulsarabonu Ravshanova alleged bilateral Shoulder Injuries Related to Vaccine Administration (SIRVA) following administration of meningococcal B and meningococcal conjugate vaccines on August 18, 2022. The respondent conceded that the alleged injury was consistent with SIRVA, a defined Table injury. The public text does not describe the specific mechanism of injury or name any medical experts. The case resulted in a compensated outcome. A ruling on entitlement was issued on May 28, 2024, by Chief Special Master Brian H. Corcoran. On July 2, 2024, Respondent filed a proffer on award of compensation, which Petitioner agreed to. On August 7, 2024, Chief Special Master Corcoran issued a decision awarding Petitioner $120,655.40, consisting of $115,000.00 for pain and suffering and $5,655.40 to reimburse a Medicaid lien. Petitioner counsel was Jimmy A. Zgheib, and respondent counsel was Alec Saxe. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01720-0 Date issued/filed: 2024-06-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/28/2024) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01720-UNJ Document 28 Filed 06/27/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1720V GULSARABONU RAVSHANOVA, Chief Special Master Corcoran Petitioner, Filed: May 28, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 3, 2023, Gulsarabonu Ravshanova filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered bilateral shoulder injuries related to vaccine administration (“SIRVAs), defined Table injuries or, in the alternative, caused- in-fact injuries, after receiving meningococcal B and meningococcal conjugate vaccines intramuscularly in her left and right deltoids. Petition at 1, ¶¶ 4, 20-23. Petitioner further alleges that she received the vaccines within the United States, that she suffered the residual effects of her injuries for more than six months, and that neither she nor any other individual has filed a civil actino or received compensation for her injuries, alleged as 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-01720-UNJ Document 28 Filed 06/27/24 Page 2 of 2 vaccine caused. Petition at ¶¶ 4, 24-26. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 24, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent believes that “[P]etitioner’s alleged injury[3] is consistent with SIRVA as defineid by the Vaccine Injury Table.” Id. at 6. Respondent further agrees that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Although Respondent utilizes the singular, referring to Petitioner’s injury, other entries clearly reflect that he believes Petitioner’s bilateral symptoms are vaccine-related. Rule 4(c) Report at 6-7. Respondent states that “[t]he scope of damages to be awarded is liited to [P]etitioner’s bilateral SIRVA.” Id. at 7. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01720-cl-extra-10734898 Date issued/filed: 2024-06-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268308 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1720V GULSARABONU RAVSHANOVA, Chief Special Master Corcoran Petitioner, Filed: May 28, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 3, 2023, Gulsarabonu Ravshanova filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered bilateral shoulder injuries related to vaccine administration (“SIRVAs), defined Table injuries or, in the alternative, caused- in-fact injuries, after receiving meningococcal B and meningococcal conjugate vaccines intramuscularly in her left and right deltoids. Petition at 1, ¶¶ 4, 20-23. Petitioner further alleges that she received the vaccines within the United States, that she suffered the residual effects of her injuries for more than six months, and that neither she nor any other individual has filed a civil actino or received compensation for her injuries, alleged as 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). vaccine caused. Petition at ¶¶ 4, 24-26. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 24, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent believes that “[P]etitioner’s alleged injury[3] is consistent with SIRVA as defineid by the Vaccine Injury Table.” Id. at 6. Respondent further agrees that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Although Respondent utilizes the singular, referring to Petitioner’s injury, other entries clearly reflect that he believes Petitioner’s bilateral symptoms are vaccine-related. Rule 4(c) Report at 6-7. Respondent states that “[t]he scope of damages to be awarded is liited to [P]etitioner’s bilateral SIRVA.” Id. at 7. 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01720-1 Date issued/filed: 2024-08-07 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/03/2024) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01720-UNJ Document 36 Filed 08/07/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1720V GULSARABONU RAVSHANOVA, Chief Special Master Corcoran Petitioner, Filed: July 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 3, 2023, Gulsarabonu Ravshanova filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered bilateral shoulder injuries related to vaccine administration (“SIRVAs), defined Table injuries or, in the alternative, caused- in-fact injuries, after receiving meningococcal B and meningococcal conjugate vaccines intramuscularly in her left and right deltoids. Petition at 1, ¶¶ 4, 20-23. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 28, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On July 2, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $120,655.40, representing $115,000.00 for pain and suffering and $5,655.40 for reimbursement of a Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner 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-01720-UNJ Document 36 Filed 08/07/24 Page 2 of 5 agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award $120,655.40 as follows: 1. A lump sum payment of $115,000.00, representing compensation for actual pain and suffering, in the form of a check payable to Petitioner; and 2. A lump sum payment of $5,655.40, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the Commonwealth of Pennsylvania, in the form of a check payable jointly to Petitioner and Pennsylvania Department of Human Services, and mailed to: Pennsylvania Department of Human Services Bureau of Program Integrity Division of Third Party Liability Recovery Section P.O. Box 8486 Harrisburg, PA 17105-8486. Petitioner agrees to endorse the check to Pennsylvania Department of Human Services for satisfaction of the Medicaid lien. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. 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-01720-UNJ Document 36 Filed 08/07/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GULSARABONU RAVSHANOVA, Petitioner, No. 23-1720V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 3, 2023, Gulsarabonu Ravshanova (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered bilateral Shoulder Injuries Related to Vaccine Administration (“SIRVAs”), as defined in the Vaccine Injury Table, following administration of meningococcal B and meningococcal conjugate vaccines administered on August 18, 2022. Petition at 1. On May 24, 2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for bilateral SIRVA Table injuries, and on May 28, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 23; ECF No. 29. Case 1:23-vv-01720-UNJ Document 36 Filed 08/07/24 Page 4 of 5 I. Items of Compensation A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $115,000.00 for pain and suffering, in the form of a check payable to petitioner. Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the Commonwealth of Pennsylvania Medicaid lien in the amount of $5,655.40, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Pennsylvania may have against any individual as a result of any Medicaid payments the Commonwealth of Pennsylvania has made to or on behalf of petitioner from the date of his eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injuries suffered on or about August 18, 2022, under Title XIX of the Social Security Act. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:1 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 2 Case 1:23-vv-01720-UNJ Document 36 Filed 08/07/24 Page 5 of 5 A. A lump sum payment of $115,000.00 in the form of a check payable to petitioner; and B. A lump sum payment of $5,655.40, representing compensation for satisfaction of the Commonwealth of Pennsylvania Medicaid lien, in the form of a check payable jointly to petitioner and: Pennsylvania Department of Human Services Bureau of Program Integrity Division of Third Party Liability Recovery Section PO Box 8486 Harrisburg, PA 17105-8486 Petitioner agrees to endorse the check to Pennsylvania Department of Human Services for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division COLLEEN C. HARTLEY Assistant Director Torts Branch, Civil Division /s/ Alec Saxe ALEC SAXE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 353-7722 E-mail: Alec.Saxe@usdoj.gov DATED: July 2, 2024 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01720-cl-extra-10734576 Date issued/filed: 2024-08-07 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267986 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1720V GULSARABONU RAVSHANOVA, Chief Special Master Corcoran Petitioner, Filed: July 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 3, 2023, Gulsarabonu Ravshanova filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered bilateral shoulder injuries related to vaccine administration (“SIRVAs), defined Table injuries or, in the alternative, caused- in-fact injuries, after receiving meningococcal B and meningococcal conjugate vaccines intramuscularly in her left and right deltoids. Petition at 1, ¶¶ 4, 20-23. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 28, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On July 2, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $120,655.40, representing $115,000.00 for pain and suffering and $5,655.40 for reimbursement of a Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner 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). agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award $120,655.40 as follows: 1. A lump sum payment of $115,000.00, representing compensation for actual pain and suffering, in the form of a check payable to Petitioner; and 2. A lump sum payment of $5,655.40, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the Commonwealth of Pennsylvania, in the form of a check payable jointly to Petitioner and Pennsylvania Department of Human Services, and mailed to: Pennsylvania Department of Human Services Bureau of Program Integrity Division of Third Party Liability Recovery Section P.O. Box 8486 Harrisburg, PA 17105-8486. Petitioner agrees to endorse the check to Pennsylvania Department of Human Services for satisfaction of the Medicaid lien. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. 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 GULSARABONU RAVSHANOVA, Petitioner, No. 23-1720V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 3, 2023, Gulsarabonu Ravshanova (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered bilateral Shoulder Injuries Related to Vaccine Administration (“SIRVAs”), as defined in the Vaccine Injury Table, following administration of meningococcal B and meningococcal conjugate vaccines administered on August 18, 2022. Petition at 1. On May 24, 2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for bilateral SIRVA Table injuries, and on May 28, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 23; ECF No. 29. I. Items of Compensation A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $115,000.00 for pain and suffering, in the form of a check payable to petitioner. Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the Commonwealth of Pennsylvania Medicaid lien in the amount of $5,655.40, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Pennsylvania may have against any individual as a result of any Medicaid payments the Commonwealth of Pennsylvania has made to or on behalf of petitioner from the date of his eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injuries suffered on or about August 18, 2022, under Title XIX of the Social Security Act. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:1 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 2 A. A lump sum payment of $115,000.00 in the form of a check payable to petitioner; and B. A lump sum payment of $5,655.40, representing compensation for satisfaction of the Commonwealth of Pennsylvania Medicaid lien, in the form of a check payable jointly to petitioner and: Pennsylvania Department of Human Services Bureau of Program Integrity Division of Third Party Liability Recovery Section PO Box 8486 Harrisburg, PA 17105-8486 Petitioner agrees to endorse the check to Pennsylvania Department of Human Services for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division COLLEEN C. HARTLEY Assistant Director Torts Branch, Civil Division /s/ Alec Saxe ALEC SAXE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 353-7722 E-mail: Alec.Saxe@usdoj.gov DATED: July 2, 2024 3 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-01720-cl-extra-10760963 Date issued/filed: 2024-12-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10294375 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1720V GULSARABONU RAVSHANOVA, Chief Special Master Corcoran Petitioner, v. Filed: November 15, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 3, 2023, Gulsarabonu Ravshanova 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 bilateral shoulder injuries related to vaccine administration defined Table injuries or, in the alternative, caused-in-fact injuries, after receiving meningococcal B and meningococcal conjugate vaccines intramuscularly in her left and right deltoids. Petition, ECF No. 1. On July 3, 2024, I issued a decision awarding compensation to Petitioner based on Respondent’s proffer. ECF No. 30. 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 $29,092.42 (representing $27,467.80 in fees plus $1,624.62 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed July 8, 2024, ECF No. 34. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 34-3. Respondent reacted to the motion on July 10, 2024, 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. 35. 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. 34-2. 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 $29,092.42 (representing $27,467.80 in fees plus $1,624.62 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