VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02006 Package ID: USCOURTS-cofc-1_23-vv-02006 Petitioner: Doug Meece Filed: 2023-11-17 Decided: 2025-04-07 Vaccine: influenza vaccine Vaccination date: 2022-12-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65000 AI-assisted case summary: On November 17, 2023, Doug Meece filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine on December 2, 2022. The petition alleged shoulder injury related to vaccine administration and residual effects lasting more than six months. Respondent denied that Mr. Meece sustained a Table SIRVA, denied vaccine causation, and denied vaccine-related sequelae. The public decision and attached materials do not describe the first symptom in detail, the treatment chronology, diagnostic testing, therapy, work limitations, or day-to-day effects. The parties filed a joint stipulation, and the court adopted it as a reasonable damages decision. On April 7, 2025, Chief Special Master Brian H. Corcoran awarded $65,000.00 as a lump sum. Theory of causation field: Influenza vaccine December 2, 2022 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public stipulation lacks clinical chronology. Award $65,000 lump sum. Chief SM Brian H. Corcoran; petition November 17, 2023; decision April 7, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02006-0 Date issued/filed: 2025-07-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/07/2025) regarding 16 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02006-UNJ Document 26 Filed 07/25/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2006V DOUG MEECE, Chief Special Master Corcoran Petitioner, Filed: April 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bobbie L. Flynt, Crandall & Pera Law, LLC., Chagrin Falls, OH, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 17, 2023, Doug Meece 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 a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on December 2, 2022. Petition at 1; Stipulation, filed at April 1, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that he sustained an injury within the time period set forth in the Vaccine Injury Table or that his injury was caused in fact by the vaccination, and that he experienced the residual effects of his condition for more than six months. Petition at 1-2, 5; Stipulation at ¶¶ 4. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequalae 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-02006-UNJ Document 26 Filed 07/25/25 Page 2 of 7 Nevertheless, on April 1, 2025, the parties filed the attached joint stipulation,3 stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $65,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The docusign Certificate of Completion located at page six of the parties’ Stipulation has been omitted from the attached copy of the Stipulation. 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Docusign Envelope ID: E1C32aF8s3eB- 61C:12 B3-4-Ev8v2--0B32B06-0F621-AUAN7 AJ80 8 6 B D ocument 26 Filed 07/25/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DOUG MEECE, Petitioner, V. No. 23-2006 Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Doug Meece ("petitioner") filed a petition for vaccine compensation under tht National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccne Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a) 2. Petitioner received a flu vaccine on December 2, 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained a shoulder injury related to vaccine adm1 Jtration - ("SIRVA") within the time period set forth in the Table, or in the alternative, that his all-.ged shoulder injury was in fact caused by the vaccine. He further alleges that he experiencer: the residual effects of this condition for more than six months. Docusign Envelope ID: E1C32aF8s3eB- 61C:12 B3-4-Ev8v2--B032B06-0F261- AUA7N AJ80 8 6 B D ocument 26 Filed 07/25/25 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for•damages on his behalf as a result of his alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies th2t 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. 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 consi~1,.:nt with the terms of this Stipulation, and after petitioner has filed an election to receive compen:;ation pursuant to 42 U.S.C. § 300aa-21 (a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $65,000.00 to be paid through an ACH deposit to petitioner's counsel's IOL TA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry 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 proceediwt~ before the special master to award reasonable attorneys' fees and costs incurred in proceeding 1, iJOn this petition. 10. Petitioner and his 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-l 5(g), to the extent that payment has been made or can reasonably be 2 Docusign Envelope ID: E1C32aF8s3eB- 61C:12 B3-4-Ev8v2--0B32B06-0F621-AUAN7 AJ80 8 6 B D ocument 26 Filed 07/25/25 Page 5 of 7 expected to be made under any State compensation programs, insurance policies, Federal or Stale 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-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 attorney's fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will 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 payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his 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 dc~mands of whatever kind or nature) that have been brought, could have been brought, or could br: timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-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 flu vaccination administered on December 2, 2022, as alleged in a petition for vaccine compensation filed on or about November 17, 2023, in the 3 Oocusign Envelope ID: E 1C32aF8s3eB- 61C:12 B3-4-Ev8v2--B032B06-0F261-AUA7N AJ80 8 6 B D ocument 26 Filed 07/25/25 Page 6 of 7 United States Court of Federal Claims as petition No. 23-2006V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amende~, 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 )r the 1 Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or any other injury or his current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Docusign Envelope ID: E13C2Fa83sBe-6 C1.::it2:i-341-:v.tflv-t:-!;01t2:!t0i-t-0:l16A-AU/ANtsUJts t :i t: S Document 26 Filed 07/25/25 Page 7 of 7 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~~e~ BOBBIE L. FLYNT HEATHER L. PEARLMAN Crandall & Pera Law, LLC Deputy Director 15 ½ N. Franklin St. Torts Branch Chagrin Falls, Ohio 44022 Civil Division 330-718-5323 U.S. Department of Justice Bobbie@injuryverdicts.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: s. Jeffrey Digitally signed by Jeffrey S. Beach -S Be ac h -S Date: 2025.03.18 for 10:36:34-04'00· ~ -~.__-- CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A 202-598-1099 Rockville, Md 20857 jay. t. williamson@usdoj.gov Aor,·I 1, ~d-5 Dated: J 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02006-cl-extra-11107620 Date issued/filed: 2025-07-25 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10641033 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2006V DOUG MEECE, Chief Special Master Corcoran Petitioner, Filed: April 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bobbie L. Flynt, Crandall & Pera Law, LLC., Chagrin Falls, OH, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On November 17, 2023, Doug Meece 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 a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on December 2, 2022. Petition at 1; Stipulation, filed at April 1, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that he sustained an injury within the time period set forth in the Vaccine Injury Table or that his injury was caused in fact by the vaccination, and that he experienced the residual effects of his condition for more than six months. Petition at 1-2, 5; Stipulation at ¶¶ 4. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequalae 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 April 1, 2025, the parties filed the attached joint stipulation, 3 stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $65,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The docusign Certificate of Completion located at page six of the parties’ Stipulation has been omitted from the attached copy of the Stipulation. 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Docusign Envelope ID: E132F83B-6C1 B-4E82-B3B6-F21AA7 A8086B IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DOUG MEECE, Petitioner, V. No. 23-2006 Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Doug Meece ("petitioner") filed a petition for vaccine compensation under tht National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccne Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a) 2. Petitioner received a flu vaccine on December 2, 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained a shoulder injury related to vaccine adm 1 - Jtration ("SIRVA") within the time period set forth in the Table, or in the alternative, that his all -. ged shoulder injury was in fact caused by the vaccine. He further alleges that he experiencer: the residual effects of this condition for more than six months. Docusign Envelope ID: E132F83B-6C1 B-4E82-B3B6-F21 AA7 A8086B 5. Petitioner represents that there has been no prior award or settlement of a civil action for •damages on his behalf as a result of his alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies th2t 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. 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 consi ~1,.: nt with the terms of this Stipulation, and after petitioner has filed an election to receive compen:;ation pursuant to 42 U.S.C. § 300aa-21 (a)(l), the Secretary of Health and Human Services wi ll issue the following vaccine compensation payment: A lump sum of $65,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry 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 proceediwt~ before the special master to award reasonable attorneys' fees and costs incurred in proceeding 1,iJOn this petition. 10. Petitioner and his 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- l 5(g), to the extent that payment has been made or can reasonably be 2 Docusign Envelope ID: E132F83B-6C1 B-4E82-B3B6-F21AA7 A8086B expected to be made under any State compensation programs, insurance policies, Federal or Stale 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-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 attorney's fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will 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 payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his 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 dc~mands of whatever kind or nature) that have been brought, could have been brought, or could br: timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensatio n Program, 42 U.S.C. § 300aa-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 flu vaccination administered on December 2, 2022, as alleged in a petition for vaccine compensation filed on or about November 17, 2023, in the 3 Oocusig n Envelope ID: E 132F83B-6C1 B-4E82-B3B6-F21AA7 A8086B United States Court of Federal Claims as petition No. 23-2006V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15 . If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties ' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amende~, 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 1 )r the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or any other injury or his current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Docusign Envelope ID: E132F83B-6C.:it:i-41:.tfl-t:!;1t:!ti-t-:l1AA/AtsUtst:it:S Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~~e~ BOBBIE L. FLYNT HEATHER L. PEARLMAN Crandall & Pera Law, LLC Deputy Director 15 ½ N. Franklin St. Torts Branch Chagrin Falls, Ohio 44022 Civil Division 330-718-5323 U.S. Department of Justice Bobbie@injuryverdicts.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey s. Digitally signed by Jeffrey S. Beach -S Date: 2025.03.18 Beac h -S for 10:36:34-04'00· ~ -~.__-- CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A 202-598-1099 Rockville, Md 20857 jay. t. williamson@usdoj.gov Dated: Aor,·I 1, ~d-5 J 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-02006-cl-extra-11119746 Date issued/filed: 2025-08-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10653159 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2006V DOUG MEECE, Chief Special Master Corcoran Petitioner, Filed: July 14, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bobbie L. Flynt, Crandall & Pera Law, LLC., Chagrin Falls, OH, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 17, 2023, Doug Meece 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 a shoulder injury related to vaccine administration following an influenza vaccine he received on December 2, 2022. Petition, ECF No. 1. On April 7, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 16. 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 $19,231.68 (representing $18,490.00 in fees plus $741.68 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed April 23, 2025, ECF No. 21. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 20. Respondent reacted to the motion on April 28, 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. Motion at 2-4, ECF No. 22. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request and find a reduction in the amount of fees to be awarded appropriate, for the reasons listed below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private 2 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2024 are reasonable and consistent with our prior determinations. Petitioner has requested an hourly rate of $550.00 for 2025 work performed by attorney Bobbie L. Flynt, representing a rate increase of $50.00 from the previous year. I find the proposed rate to be reasonable and hereby award it herein. However, a few of the tasks performed by attorney Bobbie Flynt in this matter are more properly billed using a paralegal rate.3 “Tasks that can be completed by a paralegal or a legal assistant should not be billed at an attorney’s rate.” Riggins v. Sec’y of Health & Hum. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009). “[T]he rate at which such work is compensated turns not on who ultimately performed the task but instead turns on the nature of the task performed.” Doe/11 v. Sec’y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425, at *9 (Fed. Cl. Spec. Mstr. Jan. 29, 2010). Although these billing entries reflect reasonably performed tasks, they must be charged at a reduced rate comparable to that of a paralegal. Application of the foregoing reduces the amount of fees to be awarded by $1172.00.4 Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 21-3 at 1-12. 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, in part, Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs 3 Entries considered paralegal in nature include drafting requests for medical records, following up on medical records requests, bate stamping documents, drafting basic documents such as an exhibit list, PAR Questionnaire, notice of filing, statement of completion, cover sheet, joint notice not to seek review. See billing entries dated: 4/3/2023, 11/17/2023, 11/20/2023, 7/2/2024, 2/15/2025, 4/7/2025. ECF No. 21-2 at 1- 4. 4 This amount is calculated as follows: ($500.00 - $160.00 = $340.00 x 2.3) + ($550.00 - $160.00 = $390.00 x 1.0 hrs.) = $1172.00 3 in the total amount of $18,059.68 (representing $17,318.00 in fees plus $741.68 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.5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 4