VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01798 Package ID: USCOURTS-cofc-1_23-vv-01798 Petitioner: Ricardo Bush Filed: 2023-10-12 Decided: 2025-04-15 Vaccine: tetanus-diphtheria-acellular pertussis (Tdap) Vaccination date: 2022-08-20 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 63500 AI-assisted case summary: On October 12, 2023, Ricardo Bush filed a petition alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on August 20, 2022 caused a shoulder injury related to vaccine administration within the Table period. He alleged residual effects lasting more than six months. Respondent denied that Mr. Bush sustained a Table SIRVA, denied that the Tdap vaccine caused his shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. The public stipulation does not describe his first symptom, clinical visits, imaging, therapy, injections, or expert opinions. On April 15, 2025, the parties filed a joint stipulation, and Chief Special Master Corcoran awarded $63,500.00 as a lump sum through counsel for all damages available under the Vaccine Act. Theory of causation field: Adult petitioner; Tdap vaccine August 20, 2022; alleged Table SIRVA/shoulder injury. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public text lacks clinical chronology or experts. Chief SM Corcoran decision April 15, 2025. Award $63,500.00 lump sum. Petition filed October 12, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01798-0 Date issued/filed: 2025-05-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/15/2025) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01798-UNJ Document 34 Filed 05/29/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1798V RICARDO BUSH, Chief Special Master Corcoran Petitioner, v. Filed: April 15, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 12, 2023, Ricardo Bush 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 August 20, 2022, Petitioner received a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that he sustained a shoulder injury related to vaccine administration (“SIRVA”) following receipt of the Tdap vaccine within the time period set forth in the Table. He further alleges that he 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). Case 1:23-vv-01798-UNJ Document 34 Filed 05/29/25 Page 2 of 7 Respondent denies that Petitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury. Nevertheless, on April 15, 2025, 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 $63,500.00 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). 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-01798-UNJ Document 34 Filed 05/29/25 Page 3 of 7 Case 1:23-vv-01798-UNJ Document 34 Filed 05/29/25 Page 4 of 7 Case 1:23-vv-01798-UNJ Document 34 Filed 05/29/25 Page 5 of 7 Case 1:23-vv-01798-UNJ Document 34 Filed 05/29/25 Page 6 of 7 Case 1:23-vv-01798-UNJ Document 34 Filed 05/29/25 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01798-cl-extra-11137449 Date issued/filed: 2025-09-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10670862 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1798V RICARDO BUSH, Chief Special Master Corcoran Petitioner, v. Filed: August 11, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 12, 2023, Ricardo Bush 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 developed a shoulder injury related to vaccine administration following a tetanus-diphtheria-acellular pertussis vaccine he received on August 20, 2022. Petition, ECF No. 1. On April 15, 2025, I issued a decision awarding compensation to the Petitioner based on the parties’ stipulation. 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 information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $22,473.55 (representing $20,537.00 in fees plus $1,936.55 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 19, 2025, ECF No. 35. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF 35-4 at 1. Respondent reacted to the motion on June 24, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Response at 2, 4. ECF No. 36. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded. Furthermore, Petitioner has provided supporting documentation for all claimed costs. Motion, Exhibit 2 at 21. 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. Petitioner is awarded attorneys’ fees and costs in the total amount of $22,473.55 (representing $20,537.00 in fees plus $1,936.55 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 filing a joint notice renouncing their right to seek review. 2