VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02170 Package ID: USCOURTS-cofc-1_23-vv-02170 Petitioner: Chloe Lumpkin Filed: 2023-12-22 Decided: 2025-04-15 Vaccine: human papillomavirus (HPV) Vaccination date: 2022-12-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: On December 22, 2023, Chloe Lumpkin filed a petition alleging that a human papillomavirus (HPV) vaccination administered on December 27, 2022 caused a shoulder injury related to vaccine administration. She alleged that the residual effects lasted more than six months. Respondent denied that Ms. Lumpkin sustained a Table SIRVA, denied vaccine causation, and denied that her current condition was a sequela of a vaccine-related injury. The public stipulation does not describe the first symptom, treatment visits, imaging, therapy, injections, expert opinions, or mechanism. On April 15, 2025, Chief Special Master Corcoran adopted the parties' stipulation and awarded $20,000.00 as a lump sum through counsel for all damages available under the Vaccine Act. Theory of causation field: Adult petitioner; HPV vaccine December 27, 2022; alleged SIRVA/shoulder injury. COMPENSATED by stipulation. Respondent denied Table SIRVA and causation; public text lacks clinical chronology or experts. Chief SM Corcoran decision April 15, 2025. Award $20,000.00 lump sum. Petition filed December 22, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02170-0 Date issued/filed: 2025-05-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/15/2025) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02170-UNJ Document 30 Filed 05/29/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2170V CHLOE LUMPKIN, Chief Special Master Corcoran Petitioner, v. Filed: April 15, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Gabrielle Manganiello Fielding, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 22, 2023, Chloe Lumpkin 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 from a shoulder injury related to vaccine administration (“SIRVA”) as a result of a human papillomavirus (“HPV”) vaccine she received on December 27, 2022. Pet. She further alleges that the vaccine caused her alleged injury, and that she suffered the residual effects of her alleged injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused her alleged shoulder injury, or any other injury; and further denies that Petitioner’s current condition is a sequalae 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-02170-UNJ Document 30 Filed 05/29/25 Page 2 of 7 Nevertheless, on April 15, 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 $20,000.00 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-02170-UNJ Document 30 Filed 05/29/25 Page 3 of 7 Case 1:23-vv-02170-UNJ Document 30 Filed 05/29/25 Page 4 of 7 Case 1:23-vv-02170-UNJ Document 30 Filed 05/29/25 Page 5 of 7 Case 1:23-vv-02170-UNJ Document 30 Filed 05/29/25 Page 6 of 7 Case 1:23-vv-02170-UNJ Document 30 Filed 05/29/25 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02170-cl-extra-11175578 Date issued/filed: 2025-10-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10708991 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2170V CHLOE LUMPKIN, Chief Special Master Corcoran Petitioner, v. Filed: September 22, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Gabrielle Manganiello Fielding, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 22, 2023, Chloe Lumpkin 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 that she suffered from a shoulder injury related to vaccine administration as a result of a human papillomavirus vaccine she received on December 27, 2022. Petition, ECF No. 1. On April 15, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 26. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other inf ormation, the disclosure of which would constitute an unwarranted invasion of privacy. If , upon review, I agree that the identified material fits within this definition, I will redact such material f rom public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $22,279.30 (representing $20,672.50 in fees plus $1,606.80 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed July 9, 2025, ECF No. 31. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 31 at 2. Respondent reacted to the motion on July 18, 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. 32. Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 33. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 31-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $22,279.30 (representing $20,672.50 in fees plus $1,606.80 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2