VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02013 Package ID: USCOURTS-cofc-1_23-vv-02013 Petitioner: Jacky Kwong Filed: 2023-11-20 Decided: 2025-05-02 Vaccine: influenza; COVID-19 Vaccination date: 2022-09-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 16458.91 AI-assisted case summary: On November 20, 2023, Jacky Kwong filed a petition alleging a shoulder injury related to vaccine administration after receiving an influenza vaccination on September 9, 2022. The stipulation also released claims connected to a COVID-19 vaccination administered the same date, including any Countermeasures Injury Compensation Program claim. Respondent denied that Mr. Kwong sustained a Table SIRVA, denied that the flu 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 provide the first symptom date, treatment chronology, imaging, therapy, injections, expert opinions, or a biological mechanism. The parties nevertheless resolved the claim by joint stipulation. On May 2, 2025, Chief Special Master Corcoran awarded $16,458.91 as a lump sum through counsel for all damages available under the Vaccine Act. Theory of causation field: Adult petitioner; influenza vaccine and COVID-19 vaccine September 9, 2022; alleged SIRVA/shoulder injury. COMPENSATED by stipulation. Respondent denied Table SIRVA and causation; public text lacks clinical chronology and experts. Decision May 2, 2025. Award $16,458.91 lump sum. Petition filed November 20, 2023. Counsel: Nathan Joseph Marchese, Siri & Glimstad. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02013-0 Date issued/filed: 2025-06-04 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 05/02/2025) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02013-UNJ Document 47 Filed 06/04/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2013V JACKY KWONG, Chief Special Master Corcoran Petitioner, v. Filed: May 2, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Nathan Joseph Marchese, Siri & Glimstad, LLP, Los Angeles, CA, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 20, 2023, Jacky Kwong 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 September 9, 2022, Petitioner received an influenza (“flu”) vaccine, a vaccine contained 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”) as defined in the Table; he further alleges that the flu vaccine caused his alleged shoulder injury, and that he suffered the residual effects of his alleged injury for more than six months. 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 sequela of a vaccine-related injury. 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-02013-UNJ Document 47 Filed 06/04/25 Page 2 of 8 Nevertheless, on April 29, 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 $16,458.91 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:23-vv-02013-UNJ Document 47 Filed 06/04/25 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JACKY KWONG, Petitioner, No. 23-2013V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Jacky Kwong ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine 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 September 9, 2022. 1 3. The vaccine was administered within the United States. 1 On September 9, 2022, petitioner also rec~ived a COVID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § l00.3(a). Pursuant to tl1e declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for aUeged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countenneasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020). 1 Doc ID: 07880203d3a31f33102f3d803be243ef9198ea69 Case 1:23-vv-02013-UNJ Document 47 Filed 06/04/25 Page 4 of 8 4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration ("SIRVA") 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. 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 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. 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 ofj udgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $16,458.91 to be paid through an ACH deposit to petitioner's counsel's IOLT A account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l5(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 tirt. . i ~y 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. 2 Doc ID: 07880203d3a31f33102f3d803be243ef9198ea69 Case 1:23-vv-02013-UNJ Document 47 Filed 06/04/25 Page 5 of 8 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-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-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-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or assigns, (a) does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that have been brought, could have been brought, or hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) on account of, or in any way growing 3 Doc ID: 07880203d3a31f33102f3d803be243ef9198ea69 Case 1:23-vv-02013-UNJ Document 47 Filed 06/04/25 Page 6 of 8 out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or that may be alleged to have resulted from, the vaccinations administered on September 9, 2022, and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about November 20, 2023, in the United States Court of Federal Claims as petition No. 23- 2013V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccination administered on September 9, 2022, on its own or in combination with the flu vaccination administered on September 9, 2022, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about November 20, 2023, in the United States Court of Federal Claims as petition No. 23-2013 V, including a SIRVA, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP.2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed, pedtioner waives the right to file a claim as described in this paragraph for compensation in the CJCP. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Courr 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 2 After entry of judgment reflecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP. 4 Doc ID: 07880203d3a31f33102f3d803be243ef9198ea69 Case 1:23-vv-02013-UNJ Document 47 Filed 06/04/25 Page 7 of 8 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 tenns 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 cio 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, 1s not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services t_1at 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 pt'Citioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END vf STIPULATION 5 Doc ID: 07880203d3a31f33102f3d803be243ef9198ea69 Case 1:23-vv-02013-UNJ Document 47 Filed 06/04/25 Page 8 of 8 Respectfully submitted, PETITIONER: ,,I r· --✓-~//!Y / -./ JACKY KWONG ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: ¢:i/t___#c'~ ~ r'Mtt~h~ Nathan Marca1ese SIRI & GLIIv'1ST AD LLP Deputy Director 700 S Flower St., Suite 1000 Torts Branch Los Angeles, CA 9001 7 Civil Division P: 213-328-6982 U.S. Department of Justice F: 646-417.-),J67 ?.0. Box 146 nmarchese@isirillp.com Benjamin Franklin Station Washington, DC 20044-0146 AUIHORil-ED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE Sf.C.RETARY OF HEAL TH RESPONDENT: AND HUMAN SERVICES: Jeffrey 5. Digitally signed by Jeffrey S. Beach-S - Be Ch C'. Date: 2025.04 .OB 12:54:38 cl -J .04•00· for C. PT GEC1'C2 REED GRiM.ES, .\11., MPH ~-... Y A. NELSO"\ Directer, Divisior. of Injury Tria Attorney Compen.satirm Programs Torts Branch Health SystP.ms Bureau Civil Division Healt:i R~sullrces and Services U.S. Department of Justice Administrati ui.1 ?.O. Box 146 U.~. Depmiwent ofHealrn Benjamin Franklin Station and Hurmm Services Washington, DC 20044-0146 5500 Fisher:; Laue, 08W-25A Tel: 202-616-4027 RockviUe, ~ill 2085'/ Email: ryan.nelson3@usdoj.gov 1-1 -2S- Dated: _____ _....___..___ 6 Dot ID: 07880203d3a31f33102f3d803be243ef9198ea69 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02013-cl-extra-11065016 Date issued/filed: 2025-06-04 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10598428 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2013V JACKY KWONG, Chief Special Master Corcoran Petitioner, v. Filed: May 2, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Nathan Joseph Marchese, Siri & Glimstad, LLP, Los Angeles, CA, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On November 20, 2023, Jacky Kwong 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 September 9, 2022, Petitioner received an influenza (“flu”) vaccine, a vaccine contained 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”) as defined in the Table; he further alleges that the flu vaccine caused his alleged shoulder injury, and that he suffered the residual effects of his alleged injury for more than six months. 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 sequela of a vaccine-related injury. 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 29, 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 $16,458.91 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JACKY KWONG, Petitioner, No. 23-2013V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Jacky Kwong ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine 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 September 9, 2022. 1 3. The vaccine was administered within the United States. 1 On September 9, 2022, petitioner also rec~ived a COVID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § l00.3(a). Pursuant to tl1e declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for aUeged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countenneasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020). 1 Doc ID: 07880203d3a31f33102f3d803be243ef9198ea69 4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration ("SIRVA") 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. 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 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. 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 ofjudgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $16,458.91 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-l5(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 tirt..i ~y 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. 2 Doc ID: 07880203d3a31f33102f3d803be243ef9198ea69 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-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-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-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or assigns, (a) does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that have been brought, could have been brought, or hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) on account of, or in any way growing 3 Doc ID: 07880203d3a31f33102f3d803be243ef9198ea69 out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or that may be alleged to have resulted from, the vaccinations administered on September 9, 2022, and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about November 20, 2023, in the United States Court of Federal Claims as petition No. 23- 2013V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccination administered on September 9, 2022, on its own or in combination with the flu vaccination administered on September 9, 2022, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about November 20, 2023, in the United States Court of Federal Claims as petition No. 23-2013 V, including a SIRVA, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP. 2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed, pedtioner waives the right to file a claim as described in this paragraph for compensation in the CJCP. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Courr 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 2 After entry of judgment reflecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP. 4 Doc ID: 07880203d3a31f33102f3d803be243ef9198ea69 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 tenns 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 cio 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, 1s not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services t_1at 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 pt'Citioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END v f STIPULATION 5 Doc ID: 07880203d3a31f33102f3d803be243ef9198ea69 Respectfully submitted, PETITIONER: ,,I r ·/ --✓-~//!Y -./ JACKY KWONG ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: ¢:i/t___#c'~ Nathan Marca1ese SIRI & GLIIv'1ST AD LLP ~ r' Mtt~h~ Deputy Director 700 S Flower St., Suite 1000 Torts Branch Los Angeles, CA 9001 7 Civil Division P: 213-328-6982 U.S. Department of Justice F: 646-417.-),J67 ?.0. Box 146 nmarchese@isirillp.com Benjamin Franklin Station Washington, DC 20044-0146 AUIHORil-ED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE Sf.C.RETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey 5. Digitally signed by Jeffrey S. Beach-S Be cl- Ch - C'.J Date: 2025.04 .OB 12:54:38 .04•00· for C. PT GEC1'C2 REED GRiM.ES, .\11., MPH ~-.. Y A. NELSO"\ Directer, Divisior. of Injury Tria Attorney Compen.satirm Programs Torts Branch Health SystP.ms Bureau Civil Division Healt:i R~sullrces and Services U.S. Department of Justice Administrati ui.1 ?.O. Box 146 U.~. Depmiwent ofHealrn Benjamin Franklin Station and Hurmm Services Washington, DC 20044-0146 5500 Fisher:; Laue, 08W-25A Tel: 202-616-4027 RockviUe, ~ill 2085'/ Email: ryan.nelson3@usdoj.gov 1-1 -2S- Dated: _....___..________ 6 Dot ID: 07880203d3a31f33102f3d803be243ef9198ea69 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-02013-cl-extra-11204503 Date issued/filed: 2025-11-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10737918 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2013V CORRECTED JACKY KWONG, Chief Special Master Corcoran Petitioner, v. Filed: October 15, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Nathan J. Marchese, Siri & Glimstad LLP, Los Angeles, CA, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 20, 2023, Jacky Kwong 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 shoulder injury related to vaccine administration. Petition, ECF No. 1. On May 2, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 40. 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 an interim and final application (“Motions”) for attorney’s fees and costs, requesting an award of $20,363.93 (representing $5,168.29 in fees and costs incurred by Petitioner’s counsel of record: Nathan Marchese, Esq., plus $15,195.64 in fees and costs incurred by Petitioner’s former counsel: Phyllis Widman, Esq.). See Final Application for Attorneys’ Fees and Costs filed May 12, 2025 (ECF No. 44), and Interim Application, filed March 27, 2025 (ECF No. 31). Furthermore, Petitioner represents that no personal out-of-pocket expenses were incurred. ECF No. 32 and ECF No. 44-4. Respondent reacted to the interim and final motions, reporting that he is satisfied the statutory requirements for an award of final attorneys’ fees and costs are met in this case, but defers resolution of the amount to be awarded for both interim and final fees, to my discretion. Motions at 2-4, ECF No. 35 and ECF No. 45. Petitioner filed a reply requesting an award of fees and costs as indicated in the final motion. ECF No. 46. I have reviewed the billing records submitted with Petitioner’s requests and find a reduction in the amount of fees to be awarded appropriate, for the reasons set forth 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 2 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 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES Petitioner’s counsel of record, Nathan Marchese was awarded the rate of $445.00 for work performed in 2025, less than requested herein. See Smith v. Sec’y of Health & Hum. Servs., No. 24-0748V, Slip Op. 38 (Fed. Cl. Spec. Mstr. July 24, 2025). And Petitioner’s former counsel, Phyllis Widman was awarded $450.00 for work performed in 2024, less than she is requesting herein. See Fernandez v. Sec’y of Health & Hum. Servs., No. 22-719V, Slip Op. 40 (Fed. Cl. Spec. Mstr. February 26, 2025). I find no reason to deviate from these reasoned determinations and it otherwise is not the practice of OSM to adjust prior rate determinations upward in later cases. See Jefferson v. Sec’y of Health & Hum. Servs., No. 19-1882V, 2023 WL 387051 (Fed. Cl. Spec. Mstr. Jan. 9, 2023). Accordingly, I hereby reduce both rates to be consistent with the aforementioned decisions. Application of the foregoing reduces the amount of fees to be awarded herein by $498.00. 3 And all other time billed to the matter has been reasonably incurred. ATTORNEY COSTS Petitioner has provided supporting documentation for all claimed costs. ECF No. 31 at 15-21 and ECF No. 44-3. 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 Motions for attorney’s fees and costs. Petitioner is awarded the total amount of $19,865.93 4 as follows: 3 This amount consists of reducing Phyllis Widman’s 2024 hourly rate and Nathan Marchese’s 2025 hourly rate and is calculated as follows: ($480.00 - $450.00 = $30.00 x 11.60 hours billed by Ms. Widman in 2024) + ($470.00 - $445.00 = $25.00 x 6.00 hours billed by Mr. Marchese in 2025) = $498.00 4 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as f ees f or legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would 3 • A lump sum of $5,018.29, representing reimbursement for final attorney’s fees and costs, to be paid through an ACH deposit to Petitioner’s counsel of record: Nathan Marchese’s IOLTA account for prompt disbursement; and • A lump sum of $14,847.64, representing reimbursement for interim attorney’s fees and costs to be paid through an ACH deposit to Petitioner’s former counsel: Phyllis Widman’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 be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.1991). 5 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. 4