VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02174 Package ID: USCOURTS-cofc-1_23-vv-02174 Petitioner: Russell Johnson Filed: 2023-12-26 Decided: 2025-01-30 Vaccine: influenza Vaccination date: 2022-11-01 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Russell Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on December 26, 2023. He alleged that he received an influenza vaccine on November 1, 2022, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that the current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on December 30, 2024, agreeing to a settlement. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Russell Johnson was awarded a lump sum of $20,000.00, payable to the petitioner, as compensation for all items of damages available under the Vaccine Act. This award represents a compromise of the parties' respective positions on liability and damages. The case was resolved via stipulation. Petitioner's counsel was Jimmy A. Zgheib of Zgheib Sayad, P.C. Respondent's counsel was Madylan Louise Yarc of the U.S. Department of Justice. The decision was signed by Chief Special Master Brian H. Corcoran. Theory of causation field: Petitioner Russell Johnson alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 1, 2022, with residual effects lasting over six months. Respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation for settlement. The public text does not detail the specific mechanism of injury, expert testimony, or the clinical progression of the condition. The case was resolved via stipulation, with Chief Special Master Brian H. Corcoran adopting the stipulation as his decision. An award of $20,000.00 was made as compensation for all damages. Petitioner was represented by Jimmy A. Zgheib, and Respondent by Madylan Louise Yarc. The decision date was January 30, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02174-0 Date issued/filed: 2025-01-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/30/2024) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02174-UNJ Document 35 Filed 01/30/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2174V RUSSELL JOHNSON, Chief Special Master Corcoran Petitioner, v. Filed: December 30, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 26, 2023, Russell Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine in his left shoulder on November 1, 2022. Petition at Preamble; Stipulation, filed at December 30, 2024, ¶¶ 1-4. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Petition at 5; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on December 30, 2024, 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. 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-02174-UNJ Document 35 Filed 01/30/25 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $20,000.00, in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.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-02174-UNJ Document 35 Filed 01/30/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS RUSSELL JOHNSON, Petitioner, No. 23-2174V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STJPULt\JION The parties hereby stipulate to the following matters: I. Russell Johnson (''petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-l O 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. § I00J(a). 2. Petitioner received a flu vaccine on November I, 2022. 3. The vaccine was admini.!.1ered within the United States. 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 aUeged injwy. Case 1:23-vv-02174-UNJ Document 35 Filed 01/30/25 Page 4 of 7 6. Respondent denies that petitioner suitained 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 ofa 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 enuy ofj udgment reflecting a decision consistent with the terms oft his 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 Hwnan Services will issue the following vaccjne compensation payment: A lump sum ofSl0,000.00 in the form ofa check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15{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-21(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. J0 . 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 2 Case 1:23-vv-02174-UNJ Document 35 Filed 01/30/25 Page 5 of 7 State health benefits programs (other than Title XIX oft.he Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid bMis. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will he made in accordance with 42 U.S.C. § 300aa-1S(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 attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuan1 to this Stipulation will be used solely for the benefit ofp etitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, ex.ecutors, 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 ofs ervices, 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-10 et seq., on account of, or in any way growing out of, any and all known or unknown. suspected or unsuspected personal injuries to or death of petitioner resulting from, or a11eged to have resulted from, the flu vaccination administered on November J, 2022, as alleged in a petition for vaccine compensation filed on or about December 26, 2023, in the United States Court of Federal Claims as petition No. 23-2 l 74V. 3 Case 1:23-vv-02174-UNJ Document 35 Filed 01/30/25 Page 6 of 7 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. 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 confonnity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the pan 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 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 lnjury Table. 18. AU rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:23-vv-02174-UNJ Document 35 Filed 01/30/25 Page 7 of 7 Respectfully submitted, PETITIONER: ~~ iN RUSSELL JOHN ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATIORNEY GENERAL: -A1,.(,~ ~f?~ HEATHER L. PEARLMAN eib Sayad, P.C. Deputy Director 9016 3"' Avenue Torts Branch, Civil Division Brooklyn. NY 11 209 U.S. Department of Justice (9J4) 729-11 IO P.O. Box 146 jim@vaccinelawyers.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE AITORNEYOFRECORDFOR OF THE SECRETARY OF HEALTH RESPONDENT; AND HUMAN SERVICES; Jeffrey S. ()(gltallyslgnedby • Jl!ffray S. Beach -S ~ t f f ir ... Beach S Dlt,;.2024.12.19 # - • J5•aS·S2:WA9' ,or CAPT GEORGE REED GRIMES, MD, MPH Director. Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O.Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services (202) 742-6376 5600 Fishers Lane, 08W-25A madylan.1.yarc@usdoi.aov Rockville, MD 20857 s ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02174-cl-extra-10843581 Date issued/filed: 2025-04-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10376993 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2174V RUSSELL JOHNSON, Chief Special Master Corcoran Petitioners, v. Filed: March 11, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 26, 2023, Russell Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleged that he suffered a shoulder injury related to vaccine administration following an influenza vaccination she received on November 1, 2022. Petition, ECF No. 1. On December 30, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 29. 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 $50,256.21 (representing $48,771.10 in fees plus $1,485.11 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed December 30, 2024, ECF No. 33. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 33-3. 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 1-4, ECF No. 34. Petitioner filed no reply thereafter. 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. 33-2. 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 $50,256.21 (representing $48,771.10 in fees plus $1,485.11 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