VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02111 Package ID: USCOURTS-cofc-1_23-vv-02111 Petitioner: Carolyn Mead Filed: 2023-12-12 Decided: 2024-10-11 Vaccine: influenza Vaccination date: 2023-02-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62500 AI-assisted case summary: Carolyn Mead filed a petition for compensation under the National Vaccine Injury Compensation Program on December 12, 2023, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on February 6, 2023. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 25, 2024, conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. On July 29, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation. Subsequently, on September 6, 2024, Respondent filed a Proffer on award of compensation, which Petitioner agreed to. The public decision, issued on October 11, 2024, details the award. Chief Special Master Corcoran awarded Carolyn Mead a lump sum of $62,500.00 for pain and suffering, representing all damages available under the Act. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Madylan Yarc of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. The specific mechanism of injury is not detailed in the public record, beyond its classification as SIRVA. Theory of causation field: Petitioner Carolyn Mead alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on February 6, 2023. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. The theory of causation relies on the Vaccine Injury Table. No specific medical experts were named in the public documents. The Special Master found Petitioner entitled to compensation based on the respondent's concession. The award was a lump sum of $62,500.00 for pain and suffering, as detailed in a Proffer on Award of Compensation filed by the respondent on September 6, 2024, and approved by Chief Special Master Brian H. Corcoran in a decision dated October 11, 2024. Petitioner was represented by Jeffrey S. Pop, and Respondent by Madylan Yarc. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02111-0 Date issued/filed: 2024-09-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/29/2024) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02111-UNJ Document 22 Filed 09/03/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2111V CAROLYN MEAD, Chief Special Master Corcoran Petitioner, v. Filed: July 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Madylan Yarc, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 12, 2023, Carolyn Mead filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the 1 “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine which she received on February 6, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 25, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Id. at 8 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. Case 1:23-vv-02111-UNJ Document 22 Filed 09/03/24 Page 2 of 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02111-cl-extra-10734361 Date issued/filed: 2024-09-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267771 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2111V CAROLYN MEAD, Chief Special Master Corcoran Petitioner, v. Filed: July 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Madylan Yarc, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 12, 2023, Carolyn Mead filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.1 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine which she received on February 6, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 25, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Id. at 8 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-02111-1 Date issued/filed: 2024-10-11 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/06/2024) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02111-UNJ Document 28 Filed 10/11/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2111V CAROLYN MEAD, Chief Special Master Corcoran Petitioner, v. Filed: September 6, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Madylan Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On December 12, 2023, Carolyn Mead 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 shoulder injury related to vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccine which she received on February 6, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 29, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On September 6, 2024, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with the proffered award. Id. at 1 – 2. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. 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-02111-UNJ Document 28 Filed 10/11/24 Page 2 of 5 Pursuant to the terms stated in the Proffer, I award the following compensation: A lump sum of $62,500.00 (for pain and suffering) in the form of a check payable to Petitioner. Proffer at 1 – 2. This amount represents compensation for all damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:23-vv-02111-UNJ Document 28 Filed 10/11/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CAROLYN MEAD, Petitioner, No. 23-2111V Chief Special Master Corcoran (SPU) v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1 On December 12, 2023, Carolyn Mead (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 34 (“Vaccine Act” or “Act”), alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine on February 6, 2023. Petition at 1. On July 25, 2024, respondent file his Vaccine Rule 4(c) report, concluding that petitioner suffered a SIRVA as defined by the Vaccine Injury Table, within the Table timeframe, and with no apparent alternative cause. ECF No. 17. On July 29, 2024, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to compensation for her SIRVA. ECF No. 20. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the damages decision is issued. 1 Case 1:23-vv-02111-UNJ Document 28 Filed 10/11/24 Page 4 of 5 I. Items of Compensation A. Pain and Suffering Based on the evidence of record, respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below, and requests that the Chief Special Master’s damages decision and the Court’s judgment award the following:2 a lump sum payment of $62,500.00, in the form of a check payable to petitioner. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Carolyn Mead: $62,500.00 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 2 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 2 Case 1:23-vv-02111-UNJ Document 28 Filed 10/11/24 Page 5 of 5 VORIS E. JOHNSON Assistant Director Torts Branch, Civil Division s/Madylan L. Yarc MADYLAN L. YARC Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Madylan.L.Yarc@usdoj.gov Tel.: (202) 742-6376 DATED: September 6, 2024 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-02111-cl-extra-10734014 Date issued/filed: 2024-10-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267424 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2111V CAROLYN MEAD, Chief Special Master Corcoran Petitioner, v. Filed: September 6, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Madylan Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On December 12, 2023, Carolyn Mead 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 shoulder injury related to vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccine which she received on February 6, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 29, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On September 6, 2024, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with the proffered award. Id. at 1 – 2. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. 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). Pursuant to the terms stated in the Proffer, I award the following compensation: A lump sum of $62,500.00 (for pain and suffering) in the form of a check payable to Petitioner. Proffer at 1 – 2. This amount represents compensation for all damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CAROLYN MEAD, Petitioner, No. 23-2111V Chief Special Master Corcoran (SPU) v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION 1 On December 12, 2023, Carolyn Mead (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 34 (“Vaccine Act” or “Act”), alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine on February 6, 2023. Petition at 1. On July 25, 2024, respondent file his Vaccine Rule 4(c) report, concluding that petitioner suffered a SIRVA as defined by the Vaccine Injury Table, within the Table timeframe, and with no apparent alternative cause. ECF No. 17. On July 29, 2024, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to compensation for her SIRVA. ECF No. 20. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the damages decision is issued. 1 I. Items of Compensation A. Pain and Suffering Based on the evidence of record, respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below, and requests that the Chief Special Master’s damages decision and the Court’s judgment award the following: 2 a lump sum payment of $62,500.00, in the form of a check payable to petitioner. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Carolyn Mead: $62,500.00 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 2 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 2 VORIS E. JOHNSON Assistant Director Torts Branch, Civil Division s/Madylan L. Yarc MADYLAN L. YARC Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Madylan.L.Yarc@usdoj.gov Tel.: (202) 742-6376 DATED: September 6, 2024 3 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-02111-cl-extra-11061398 Date issued/filed: 2025-05-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10594810 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2111V CAROLYN MEAD, Chief Special Master Corcoran Petitioner, Filed: April 28, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 12, 2023, Carolyn Mead 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 following an influenza vaccine she received on February 6, 2023. Petition, ECF No. 1. On September 6, 2024, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 24. 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 $18,601.94 (representing $17,855.00 in fees plus $746.94 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed January 3, 2025, ECF No. 29. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 29 at 4. Respondent reacted to the motion on January 10, 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. 30. Petitioner filed no reply thereafter. 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 also requested the same hourly rate of $575.00 for 2025 work performed by attorney Jeffrey Pop. I find the proposed rate to be reasonable and hereby award it herein. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 29-3 at 2-15. 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 $18,601.94 (representing $17,855.00 in fees plus $746.94 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2