VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01862 Package ID: USCOURTS-cofc-1_23-vv-01862 Petitioner: Gigi Delmarcelle Filed: 2023-10-23 Decided: 2024-11-22 Vaccine: tetanus Vaccination date: 2021-07-12 Condition: brachial neuritis and/or shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20255 AI-assisted case summary: Gigi Delmarcelle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a brachial neuritis Table injury and/or a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus vaccine received on July 12, 2021. She further alleged that she experienced residual effects for more than six months. The respondent denied that Ms. Delmarcelle sustained a Table SIRVA injury or brachial neuritis, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Ms. Delmarcelle was awarded a lump sum of $20,000.00 for pain and suffering and $255.97 to reimburse a Medicaid lien, totaling $20,255.97. This award represents compensation for all damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01862-0 Date issued/filed: 2024-11-22 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 10/21/2024) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01862-UNJ Document 35 Filed 11/22/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1862V GIGI DELMARCELLE, Chief Special Master Corcoran Petitioner, v. Filed: October 21, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jennifer Sayad, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 23, 2023, Gigi Delmarcelle 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 a brachial neuritis Table injury and/or a shoulder injury related to vaccine administration (“SIRVA”) as a result of a tetanus vaccine she received in her left arm on July 12, 2021. Petition at 1; Stipulation, filed at October 21, 2024, ¶¶ 1-4. Petitioner further alleges that she experienced the residual effects of her condition for more than six months. Petition at 6; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a Table SIRVA injury or brachial neuritis; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine related injury.” Stipulation at ¶ 6. 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-01862-UNJ Document 35 Filed 11/22/24 Page 2 of 8 Nevertheless, on October 21, 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. A lump sum of $20,000.00, in the form of a check payable to Petitioner. b. A lump sum of $255.97, representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Wisconsin, in the form of a check payable jointly to petitioner and the State of Wisconsin Department of Health Services: Wisconsin Casualty Recovery 5615 High Point Drive Suit 100 Irving, TX 75038-9984 Petitioner agrees to endorse this check to the State of Wisconsin Department of Health Services. Stipulation at ¶ 8. These amounts represent 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-01862-UNJ Document 35 Filed 11/22/24 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GIGI DELMARCELLE, Petitioner, No. 23-1862V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: l. On October 23, 2023, Gigi DelMarcelle ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-l0 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of a tetanus vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.J(a). 2. Petitioner received the tetanus vaccine in her left arm on July 12, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered from a brachia! neuritis Table injury and/or a shoulder injury related to vaccine administration ("SIRVA") as a result of receiving the tetanus vaccine. Petitioner alleges that she experienced the residual effects of the alleged conditions for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. Case 1:23-vv-01862-UNJ Document 35 Filed 11/22/24 Page 4 of 8 6. Respondent denies that petitioner sustained a Table SIRVA injury or brachial neuritis; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shat I 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-2 l (a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: a. A lump sum of$20,000.00 in the fonn of a check payable to petitioner. b. A lump sum ofS2SS.971 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Wisconsin, in the form of a check payable jointly to petitioner and the State of Wisconsin Department of Health Services: Wisconsin Casualty Recovery 5615 High Point Drive Suite 100 Irving, TX 75038.9984 Petitioner agrees to endorse this check to the State of Wisconsin Department of Health Services. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 1 This amount represents full satisfaction of a ny right of subrogation, assignment, claim, lien, or cause of action the State of Wisconsin may have against any individual as a result of any Medicaid payments the State of Wisconsin has made to or on behalf of petitioner as a result of her alleged injury relating to a vaccine administered on July 12, 2021, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 Case 1:23-vv-01862-UNJ Document 35 Filed 11/22/24 Page 5 of 8 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-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 proceeding upon this petition. l 0. Petitioner and her 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, 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-1S{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 wilJ be used solely for the benefit of petitioner 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-15(g) and (h). 13. In return for the payment described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her 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 3 Case 1:23-vv-01862-UNJ Document 35 Filed 11/22/24 Page 6 of 8 (including agreements, judgments, claims, damages, loss of services, expenses and all demands ofw hatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the NationaJ Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-10 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 tetanus vaccination administered on July 12, 2021, as alJeged by petitioner in a petition for vaccine compensation filed on or about October 23, 2023, in the United States Court of Federal Claims as petition No. 23-l 862V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confonnity 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. Case 1:23-vv-01862-UNJ Document 35 Filed 11/22/24 Page 7 of 8 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that petitioner sustained a brachial neuritis or SIRVA Table injury; that the tetanus vaccine caused petitioner's shoulder injury or any other injury; or that her current condition is a sequela of a vaccine-related injury. 18. All rights and obligations of petitioner hereunder shall apply equaJly to petitioner's heirs, executors, administrators, successors, and/or assi s. gn END OF STIPULATION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5 Case 1:23-vv-01862-UNJ Document 35 Filed 11/22/24 Page 8 of 8 Respectfully submitted, PETITIONER: GIGIDELMARCELLE ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONE OF THE ATTORNEY GENERAL: HEATHER L. PEARLMAN Deputy Director 7 Broadway, 4th Fir. Torts Branch White Plains, NY 10601 Civil Division Tel: (914) 729-1134 U.S. Department of Justice Fax: (914) 729-1134 P.O. Box 146 Email: jennife vaccinelawyers.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE RECORD FOR ATTORNEY OF RESPONDENT: OFTHESECRETARYOFHEALTH AND HUMAN SERVICES: Jeffrey S. I = r = � Be ac h -S Date:2024.1O.09 16:2s:16-tl4'oo' tor CAPT GEORGE REED GRIMES, MD, MPH . Y NOV AKOVIC Director, Division of Injury Trial Attorney 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 Washington, DC 20044-0146 and Human Services Tel: (202) 616-2879 5600 Fishers Lane, 08W-25A Email: Mary.E.Novakovic@usdoj.gov Rockville, MD 20857 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01862-cl-extra-10749008 Date issued/filed: 2024-11-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10282420 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1862V GIGI DELMARCELLE, Chief Special Master Corcoran Petitioner, v. Filed: October 21, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jennifer Sayad, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 23, 2023, Gigi Delmarcelle 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 a brachial neuritis Table injury and/or a shoulder injury related to vaccine administration (“SIRVA”) as a result of a tetanus vaccine she received in her left arm on July 12, 2021. Petition at 1; Stipulation, filed at October 21, 2024, ¶¶ 1-4. Petitioner further alleges that she experienced the residual effects of her condition for more than six months. Petition at 6; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a Table SIRVA injury or brachial neuritis; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine related injury.” Stipulation at ¶ 6. 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). Nevertheless, on October 21, 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. A lump sum of $20,000.00, in the form of a check payable to Petitioner. b. A lump sum of $255.97, representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Wisconsin, in the form of a check payable jointly to petitioner and the State of Wisconsin Department of Health Services: Wisconsin Casualty Recovery 5615 High Point Drive Suit 100 Irving, TX 75038-9984 Petitioner agrees to endorse this check to the State of Wisconsin Department of Health Services. Stipulation at ¶ 8. These amounts represent 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 GIGI DELMARCELLE, Petitioner, No. 23-1862V Chief Special Master Corcoran v. ECF SECRETARY OF H E A L T H A N D H U M A N SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: l . On October 23, 2023, Gigi DelMarcelle ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-l0 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt o f a tetanus vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.J(a). 2. Petitioner received the tetanus vaccine in her left arm on July 12, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered from a brachia! neuritis Table injury and/or a shoulder injury related to vaccine administration ("SIRVA") as a result o f receiving the tetanus vaccine. Petitioner alleges that she experienced the residual effects o f the alleged conditions for more than six months. 5. Petitioner represents that there has been no prior award or settlement o f a civil action for damages as a result o f her condition. 6. Respondent denies that petitioner sustained a Table SIRVA injury or brachial neuritis; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shat I 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-2 l (a)(l ), the Secretary of Health and Human Services will issue the following vaccine compens ation payment: a. A lump sum of$20,000.00 in the fonn of a check payable to petitioner. b. A lump sum ofS2SS.97 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Wisconsin, in the form of a check payable jointly to petitioner and the State of Wisconsin Department of Health Services: Wisconsin Casualty Recovery 5615 High Point Drive Suite 100 Irving, T X 75038.9984 Petitioner agrees to endorse this check to the State of Wisconsin Department of Health Services. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 1 This amount represents full satisfaction of a ny right of subrogation, assignment, claim, lien, or cause of action the State of Wisconsin may have against any individual as a result of any Medicaid payments the State of Wisconsin has made to or on behalf of petitioner as a result of her alleged injury relating to a vaccine administered on July 12, 2021, under Title X I X of the Social Security Act, see 42 U.S.C. § 300a a-15(g), (h). 2 9. As soon as practicable after the entry o fjudgment 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 proceeding upon this petition. l 0. Petitioner and her 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, 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 o f this Stipulation will be made in accordance with 42 U.S.C. § 300aa-1S{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 wilJ be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U .S.C. §300aa-15(a) and (d), and subject to the conditions o f 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payment described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her 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 3 (including agreements, judgments, claims, damages, loss o f services, expenses and all demands o f 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 NationaJ Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-10 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 tetanus vaccination administered on July 12, 2021, as alJeged by petitioner in a petition for vaccine compensation filed on or about October 23, 2023, in the United States Court of Federal Claims as petition No. 23-l 862V. 14. If petitioner should die prior to entry o fjudgment, 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 confonnity 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 o f 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 o f the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature o f the injury or condition or in the items o f 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 o f Health and Human Services that petitioner sustained a brachial neuritis or SIRVA Table injury; that the tetanus vaccine caused petitioner's shoulder injury or any other injury; or that her current condition is a sequela of a vaccine-related injury. 18. All rights and obligations of petitioner hereunder shall apply equaJly to petitioner's heirs, executors, administrators, successors, and/or assi g n s. END OF STIPULATION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5 Respectfully submitted, PETITIONER: GIGIDELMARCELLE ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONE OF THE ATTORNEY GENERAL: HEATHER L. PEARLMAN Deputy Director 7 Broadway, 4th Fir. Torts Branch White Plains, NY 10601 Civil Division Tel: (914) 729-1134 U.S. Department o f Justice Fax: (914) 729-1134 P.O. Box 146 Email: jennife vaccinelawyers.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. = I r= � Beac h -S Date:2024.1O.09 16:2s:16-tl4'oo' tor CAPT GEORGE REED GRIMES, MD, MPH . Y NOV AKOVIC Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department o f Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department o f Health Washington, DC 20044-0146 and Human Services Tel: (202) 616-2879 5600 Fishers Lane, 08W-25A Email: Mary.E.Novakovic@usdoj.gov Rockville, MD 20857 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01862-cl-extra-10842800 Date issued/filed: 2025-04-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10376212 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1862V GIGI DELMARCELLE, Chief Special Master Corcoran Petitioner, Filed: March 6, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jennifer Sayad, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 23, 2023, Gigi Delmarcelle 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 brachial neuritis Table injury and/or a shoulder injury related to vaccine administration as a result of a tetanus vaccine she received in her left arm on July 12, 2021. Petition, ECF No. 1. On October 21, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 29. 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 $44,892.14 (representing $44,275.90 in fees plus $616.24 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed November 13, 2024, ECF No. 33. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 33-3. Respondent reacted to the motion on November 20, 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. 34. 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. 33-2. 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. Petitioner is awarded attorneys’ fees and costs in the total amount of $44,892.14 (representing $44,275.90 in fees plus $616.24 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