VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02132 Package ID: USCOURTS-cofc-1_23-vv-02132 Petitioner: Cyriel Boatwright Filed: 2023-12-15 Decided: 2025-06-10 Vaccine: meningococcal conjugate, HPV, and meningococcal B Vaccination date: 2022-10-31 Condition: bilateral shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 54999.99 AI-assisted case summary: On December 15, 2023, Trina Randall filed a petition on behalf of her then-minor child, Cyriel Boatwright, seeking compensation for shoulder injuries after vaccinations administered on October 31, 2022. The stipulation states that Cyriel alleged a right-shoulder SIRVA after meningococcal conjugate and human papillomavirus (HPV) vaccines, and a left-shoulder SIRVA after a meningococcal B vaccine. The caption was later amended after Cyriel reached the age of majority. Respondent denied that Cyriel sustained a SIRVA Table injury in either shoulder, denied vaccine causation or significant aggravation, denied that residual effects lasted more than six months, and denied that the current condition was a sequela of a vaccine-related injury. The public stipulation does not provide a detailed treatment chronology. It records a compromise settlement resolving the disputed claim. On June 10, 2025, Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $54,999.99. The award consisted of $53,010.44 paid through counsel for Cyriel’s benefit and $1,989.56 paid jointly to Cyriel and the Georgia Department of Community Health to satisfy a Medicaid lien. Theory of causation field: Then-minor child; October 31, 2022 vaccines: meningococcal conjugate + HPV in right shoulder and meningococcal B in left shoulder; alleged bilateral SIRVA. COMPENSATED by stipulation despite respondent denying Table SIRVA, causation, duration, and sequela. Public text lacks clinical chronology. Award $54,999.99 = $53,010.44 general damages + $1,989.56 Georgia Medicaid lien. Chief SM Brian H. Corcoran June 10, 2025. Petition filed by Trina Randall December 15, 2023; caption amended after petitioner reached majority. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02132-0 Date issued/filed: 2025-07-14 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 06/10/2025) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02132-UNJ Document 45 Filed 07/14/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2132V CYRIEL BOATWRIGHT, Chief Special Master Corcoran Petitioner, Filed: June 10, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 15, 2023, Cyriel Boatwright 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 shoulder injuries related to vaccine administration (“SIRVA”) as a result of a human papillomavirus (“HPV”) administered to her right shoulder and meningococcal B vaccine administered to her left shoulder on October 31, 2022. Petition at 1; Stipulation, filed at June 10, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she sustained an injury within the time period set forth in the Vaccine Injury Table, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of her injury. Petition at 1, 4-5; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a SIRVA Table injury in either shoulder; denies that the meningococcal conjugate, HPV, and/or meningococcal B vaccines caused or significantly aggravated Petitioner’s alleged shoulder injuries, or any other injury; denies that Petitioner suffered 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-02132-UNJ Document 45 Filed 07/14/25 Page 2 of 8 the residual effects of her alleged injuries for more than six months; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Stipulation at ¶ 6. Nevertheless, on June 10, 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. A lump sum of $53,010.44, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and B. A lump sum of $1,989.56, representing reimbursement of a Georgia Department of Community Health Medicaid lien for services rendered on behalf of Cyriel Boatwright, in the form of a check payable joingly to Petitioner and Georgia Department of Community Health Case No: 235275/0000358477 100 Crescent Centre Pwky Suite 1000 Tucker, GA 30083 Petitioner agrees to endorse this check to Georgia Department of Community Health. 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.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-02132-UNJ Document 45 Filed 07/14/25 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CYRJEL BOATWRIGHT, Petitioner, No. 23-2132V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. On or about December 15, 2023, Trina Randall filed a petition on behalf of her then minor child Cyriel Boatwright (''petitioner") for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine Program").' The petition seeks compensation for injuries allegedly related to petitioner's receipt of meningococcal conjugate, human papillomavirus ("HPV"), and meningococcal B vaccines, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I0 0.3(a). 2. Petitioner received meningococcal conjugate, HPV, and meningococcal B vaccines on October 31, 2022. 3. The vaccines were administered within the United States. 4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") in her right shoulder as a result of receiving meningococcal conjugate and HPV 1 On August 28, 2024, the case caption was amended after petitioner reached the age of majority and was no longer a minor. Case 1:23-vv-02132-UNJ Document 45 Filed 07/14/25 Page 4 of 8 vaccines, and a SIRVA in her left shoulder as a result of receiving a meningococcal B vaccine, within the time period set forth in the Table. In the alternative, petitioner alleges that petitioner suffered bilateral shoulder injuries that were caused-in-fact or significantly aggravated by the meningococcal conjugate, HPV, and meningococcal B vaccines. Petitioner further alleges that she suffered the residual effects of the alleged injuries for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injuries. 6. Respondent denies that petitioner sustained a SIRVA Table injury in either shoulder; denies that the meningococcal conjugate, HPV, and/or meningococcal B vaccines caused or significantly aggravated petitioner's alleged shoulder injuries, or any other injury; denies that petitioner suffered the residual effects of her alleged injuries for more than six months; and denies that petitioner's 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 terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue tlte following vaccine compensation payments for all damages that would be available under 42 U.S.C. § 300aa-15(a).: a. An amount of $53,010.44 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. 2 Case 1:23-vv-02132-UNJ Document 45 Filed 07/14/25 Page 5 of 8 b. A lump sum of $1,989.56,2 representing a reimbursement of a Georgia Department of Community Health Medicaid lien for services rendered on behalf of Cyriel Boatwright, in the fonn of a check payable jointly to petitioner and Georgia Department of Community Health Case No: 235275/0000358477 100 Crescent Centre Pkwy Suite 1000 Tucker, GA 30083 Petitioner agrees to endorse this check to the Georgia Department of Community Health. These amounts represent 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 ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2t(aXl), 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. IO. Petitioner and petitioner's 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 expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (o ther 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. 2 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the Georgia Department of Community Health may have against any individual as a result of any Medicaid payments made to or on behalf of Cyriel Boatwright as a result of her alleged vaccine-related injuries suffered on or about October 31, 2022, under Title XJX of the Social Security Act. See 42 U.S.C. § 300aa-15(g), (h). 3 Case 1:23-vv-02132-UNJ Document 45 Filed 07/14/25 Page 6 of 8 11. Payments 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 unreimbursed 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l S(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, 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 could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-IO 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 meningococcal conjugate, HPV, and meningococcal B vaccinations administered on October 31, 2022, as alleged in a petition for vaccine compensation filed on or about December I 5, 2023, in the United States Court of Federal Claims as petition No. 23-2132V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 4 Case 1:23-vv-02132-UNJ Document 45 Filed 07/14/25 Page 7 of 8 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confonnity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the meningococcal conjugate, HPV, and/or meningococcal B vaccines caused petitioner's alleged injuries or any other injury or petitioner's current disabilities, or that petitioner suffered an injury or injuries 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/ 5 Case 1:23-vv-02132-UNJ Document 45 Filed 07/14/25 Page 8 of 8 Respectfully submitted, PETITIONER: (1ft CYRIEL BOATWRIGHT ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ,-4A-< d:,rlu.A~Pe~ A.Z JB HEATHER L. PEAtlMAN 1b Sayad, P.C. Deputy Director 75 South Broadway, 4th Floor Torts Branch White Plains, New York 10601 Civil Division Phone: (914) 729-1100 U.S. Department of Justice Email: jim@vaccinelawyers.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. Digitally signed by Jeffrey S. Beach -S Beach -S Date: 2025.06.04 16:24:17 -04'00' for ~~ CAPT GEORGE REED GRIMES, MD, MPH DORIAN HURLEY Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0 J4 6 5600 Fishers Lane, 08W-25A Phone: (202) 353-7751 RockvilJe, MD 20857 Email: dorian.hurley@usdoj.gov Dated: (I/IO/ 21J25 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02132-cl-extra-11138970 Date issued/filed: 2025-09-16 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10672383 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2132V CYRIEL BOATWRIGHT Chief Special Master Corcoran Petitioner, Filed: August 8, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 15, 2023, Cyriel Boatwright, 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 shoulder injuries related to vaccine administration following human papillomavirus and meningococcal B vaccines she received on October 31, 2022. Petition, ECF No. 1. On June 10, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 37. 1Because 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 $47,188.17 (representing $45,215.80 in fees plus $1,972.37 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 16, 2025, ECF No. 43. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. Motion, Tab C at 2. Respondent reacted to the motion on June 25, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Response at 2, 4. ECF No. 44. 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 reason 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 2025 are reasonable and consistent with our prior determinations and are hereby awarded herein. However, some of the tasks performed by attorneys Jimmy Zgheib and Jennifer Sayad 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. In evaluating a motion for attorney’s fees and costs, special masters “need not, and indeed should not, become green-eyeshade accountants.” Fox v. Vice, 563 U.S. 826, 838, 131 S.Ct. 2205, 180 L.Ed.2d 45 (2011). Instead, in appropriate circumstances they may make reasonable, across-the-board percentage adjustments. Here, such an overall percentage cut is reasonable, and preferrable to a time- consuming line-by-line review of the bill. I therefore reduce the total fees to be awarded herein by five percent as a fair adjustment to account for the paralegal duties issue mentioned. Application of the foregoing reduces the total amount of fees to be awarded by $2,260.79. 4 3 Entries considered paralegal in nature include drafting requests for medical records, following up on medical records requests, bates stamping documents, and drafting basic documents such as an exhibit list, PAR questionnaire, notice of filing, notice of intent, statement of completion, cover sheet, joint notice not to seek review. Entries that include paralegal tasks billed at an attorney rate include, but are not limited to, the following: 12/1/2023, 12/4/2023, 12/15/2023, 12/15/2023, 3/13/2024, 11/14/2024 (two entries), 12/11/2024 (two entries), 5/19/2025, 6/9/2025, 6/10/2025, 6/11/2025. Motion, Tab A at 1-37. 4 This amount is calculated as follows: $45,215.80 x 0.05 = $2,260.79. 3 I have also reviewed the requested costs. Petitioner has provided supporting documentation for all claimed costs. Motion, Tab B at 1-48. 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 in the total amount of $44,927.38 (representing $42,955.01 in fees plus $1,972.37 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