VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01099 Package ID: USCOURTS-cofc-1_24-vv-01099 Petitioner: Donald Rader Filed: 2024-07-18 Decided: 2025-08-25 Vaccine: influenza and tetanus, diphtheria, and acellular pertussis (Tdap) Vaccination date: 2022-10-31 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: On July 18, 2024, Donald Rader filed a petition alleging Guillain-Barre syndrome after receiving influenza and Tdap vaccines on October 31, 2022. He alleged that the flu vaccine caused GBS, or alternatively significantly aggravated a pre-existing unknown GBS condition. Respondent denied that Mr. Rader sustained a flu-GBS Table injury, denied that the vaccines caused or significantly aggravated GBS or residual effects, denied any other vaccine-caused condition, and denied that the residual effects lasted more than six months. The public stipulation does not describe onset, hospitalization, neurologic testing, treatment, rehabilitation, or residual impairment. On August 25, 2025, Chief Special Master Brian H. Corcoran adopted the parties' stipulation and awarded a lump sum of $60,000.00 through counsel's IOLTA account. Theory of causation field: Influenza and Tdap vaccines October 31, 2022 allegedly causing or significantly aggravating GBS; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table GBS, causation/significant aggravation, residual effects, and severity. Public text lacks neurologic chronology. Award $60,000. Chief SM Brian H. Corcoran; petition July 18, 2024; decision August 25, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01099-0 Date issued/filed: 2025-10-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/25/2025) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01099-UNJ Document 38 Filed 10/01/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1099V DONALD RADER, Chief Special Master Corcoran Petitioner, v. Filed: August 25, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 18, 2024, Donald Rader 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 October 31, 2022, Petitioner received influenza (“flu”) and tetanus, diphtheria and acellular pertussis (“Tdap”) vaccines, which vaccines are listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that Petitioner suffered Guillain-Barré syndrome (“GBS”) that was caused-in-fact by the flu vaccine, or, in the alternative, that the flu vaccine significantly aggravated Petitioner’s preexisting yet unknown GBS. Petitioner further alleges that Petitioner suffered the residual effects of the alleged injury for more than six months. 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. 2National 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 1:24-vv-01099-UNJ Document 38 Filed 10/01/25 Page 2 of 7 Respondent denies that Petitioner sustained a GBS Table injury following receipt of the flu vaccine; denies that Petitioner’s alleged GBS or its residual effects were caused- in-fact or significantly aggravated by the vaccines; denies that the vaccines caused Petitioner any other injury or caused or significantly aggravated Petitioner’s current condition; and denies that Petitioner suffered the residual effects of the alleged injury for more than six months. Nevertheless, on August 21, 2025, the parties filed the attached joint stipulation,3 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 $60,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 In attaching the parties’ joint stipulation, I have omitted the last two pages – a Nintex form that includes personal information regarding Petitioner. 4 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 1:24-vv-01099-UNJ Document 38 Filed 10/01/25 Page 3 of 7 IN THE UNITED STA TES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DONALD RADER, Petitioner, No. 24-1099V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Donald Rader ("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. § I 00.3(a) 2. Petitioner received flu and tetanus, diphtheria, and acellular pertussis ("Tdap") vaccines on October 31, 2022. 3. The vaccines were administered within the United States. 4. Petitioner alleges that petitioner suffered Guillain-Barre Syndrome ("GBS") that was caused-in-fact by the flu vaccine or, in the alternative, that the flu vaccine significantly aggravated petitioner's preexisting yet unknown GBS. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months. Case 1:24-vv-01099-UNJ Document 38 Filed 10/01/25 Page 4 of 7 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 injury. 6. Respondent denies that petitioner sustained a GBS Table injury following receipt of the flu vaccine; denies that petitioner's alleged GBS or its residual effects were caused-in-fact or significantly aggravated by the vaccines; denies that the vaccines caused petitioner any other injury or caused or significantly aggravated petitioner's current condition; and denies that petitioner suffered the residual effects of the alleged injury for more than six months. 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 the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $60,000.00 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-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-2 I (a)( I), 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 Case 1:24-vv-01099-UNJ Document 38 Filed 10/01/25 Page 5 of 7 l 0. 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 (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 unreimbursed expenses, the money provided pursuant to this Stipulation wilt 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-15(g) and (h). I 3. 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-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 3 Case 1:24-vv-01099-UNJ Document 38 Filed 10/01/25 Page 6 of 7 petitioner resulting from, or alleged to have resulted from, the vaccinations administered on October 31, 2022, as a11eged in a petition for vaccine compensation filed on or about July 18, 2024, in the United States Court of Federal Claims as petition No. 24-1099V. 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 confonnity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnily 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 vaccines caused or significantly aggravated petitioner's alleged injury or any other injury or petitioner's current disabilities. I 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:24-vv-01099-UNJ Document 38 Filed 10/01/25 Page 7 of 7 Respectfully submitted, PETITIONER: --. Donald Rader .....,.,.,,,, • .,., "'"'""'] [ ':!:-~-~-!!!============.!-~'?!!!'-'!!!!·--· DONALD RADER ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: 9.,.e _,44 l ct:,tb~ i J 1 J/tc::::::,, CATHERINE COSTIGAN ~ HEATHER L. PEARLMAN MCT Law Deputy Director 1015 15th Street, NW, Suite 1125 Torts Branch Washington, DC 20005 Civil Division (888) 952-5242 U.S. Department of Justice CCostigan@mctlaw.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED 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: 2025.08.1514:57:57 ---- -· -04'oo· for CAPT GEORGE REED GRIMES, MD, MPH 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 20044-0146 5600 Fishers Lane, 08W-25A (202) 305.3912 Rockville, MD 20857 Nathaniel. Trager@usdoj.gov 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01099-cl-extra-11152664 Date issued/filed: 2025-10-01 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10686078 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1099V DONALD RADER, Chief Special Master Corcoran Petitioner, v. Filed: August 25, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 18, 2024, Donald Rader 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 October 31, 2022, Petitioner received influenza (“flu”) and tetanus, diphtheria and acellular pertussis (“Tdap”) vaccines, which vaccines are listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that Petitioner suffered Guillain-Barré syndrome (“GBS”) that was caused-in-fact by the flu vaccine, or, in the alternative, that the flu vaccine significantly aggravated Petitioner’s preexisting yet unknown GBS. Petitioner further alleges that Petitioner suffered the residual effects of the alleged injury for more than six months. 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). Respondent denies that Petitioner sustained a GBS Table injury following receipt of the flu vaccine; denies that Petitioner’s alleged GBS or its residual effects were caused- in-fact or significantly aggravated by the vaccines; denies that the vaccines caused Petitioner any other injury or caused or significantly aggravated Petitioner’s current condition; and denies that Petitioner suffered the residual effects of the alleged injury for more than six months. Nevertheless, on August 21, 2025, the parties filed the attached joint stipulation,3 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 $60,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 In attaching the parties’ joint stipulation, I have omitted the last two pages – a Nintex form that includes personal information regarding Petitioner. 4 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 DONALD RADER, Petitioner, No. 24-1099V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Donald Rader ("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. § I00.3(a) 2. Petitioner received flu and tetanus, diphtheria, and acellular pertussis ("Tdap") vaccines on October 31, 2022. 3. The vaccines were administered within the United States. 4. Petitioner alleges that petitioner suffered Guillain-Barre Syndrome ("GBS") that was caused-in-fact by the flu vaccine or, in the alternative, that the flu vaccine significantly aggravated petitioner's preexisting yet unknown GBS. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury 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 injury. 6. Respondent denies that petitioner sustained a GBS Table injury following receipt of the flu vaccine; denies that petitioner' s alleged GBS or its residual effects were caused-in-fact or significantly aggravated by the vaccines; denies that the vaccines caused petitioner any other injury or caused or significantly aggravated petitioner's current condition; and denies that petitioner suffered the residual effects of the alleged injury for more than six months. 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 of judgment 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 the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $60,000.00 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-15(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 timely election to receive compensation pursuant to 42 U.S. C. § 300aa-2 I (a)( I), 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 l 0. 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 (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 unreimbursed expenses, the money provided pursuant to this Stipulation wilt 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-15(g) and (h). I 3. 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-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 3 petitioner resulting from, or alleged to have resulted from, the vaccinations administered on October 31, 2022, as a11eged in a petition for vaccine compensation filed on or about July 18, 2024, in the United States Court of Federal Claims as petition No. 24-1099V. 14. If petitioner should die prior to entry of judgment, 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 confonnity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnily 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 vaccines caused or significantly aggravated petitioner's alleged injury or any other injury or petitioner's current disabilities. I 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Respectfully submitted, PETITIONER: --. Donald Rader .....,.,.,,,, • .,., "'"'""'] [ ':!:-~-~-!!!=== == = = = = = = = . ! - ~ ' ? ! ! !'-!!!!·--· ' DONALD RADER ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: _,44 l ct:,tb~ 9.,.e J 1J/tc::::::,, i CATHERINE COSTIGAN ~ HEATHER L. PEARLMAN MCT Law Deputy Director 1015 15 th Street, NW, Suite 1125 Torts Branch Washington, DC 20005 Civil Division (888) 952-5242 U.S. Department of Justice CCostigan@mctlaw.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Digitally signed by Jeffrey Jeffrey S. S. Beach•S Beach -S Date: 2025.08.1514:57:57 - - -- -· -04'oo·for CAPT GEORGE REED GRIMES, MD, MPH 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 20044-0146 5600 Fishers Lane, 08W-25A (202) 305.3912 Rockville, MD 20857 Nathaniel. Trager@usdoj.gov 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01099-cl-extra-11267031 Date issued/filed: 2026-02-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10800355 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1099V DONALD RADER, Chief Special Master Corcoran Petitioner, v. Filed: January 21, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 18, 2024, Donald Rader 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 a defined Table injury, after receiving an influenza vaccine on October 25, 2022. Petition, ECF No. 1. On August 25, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 30. 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 $52,430.96 (representing $49,822.00 in fees plus $2,608.96 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed August 26, 2025, ECF No. 34. Furthermore, counsel represents that Petitioner incurred no personal out-of-pocket expenses. Id. at 2. Respondent reacted to the motion on September 8, 2025, stating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case and deferring resolution of the amount to be awarded to my discretion. ECF No. 36 at 2-5. Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 36. I have reviewed the billing records submitted with Petitioner’s request. The hourly rates requested by attorneys Catherine Costigan, Danielle Strait, Jamie Robinson, and their supporting paralegals are consistent with prior determinations and shall be awarded, as well as all time devoted by these professionals to the matter. However, Petitioner’s counsel did not include an affidavit to substantiate the requested rate of $550.00 for work performed by Mr. Jeffrey Nelson in 2023. As such, I am unable to determine the reasonableness of the proposed rate at this time. I will nevertheless award all fees requested since the total amount in question appears reasonable. But Counsel should note for future reference that “[a] request for an award of attorney’s fees at an hourly rate not previously awarded must be substantiated by an affidavit of the attorney. Failure to include complete documentation in support of the request may result in the denial, or reduction in amount, of an attorney’s fees and costs award.” See Guidelines for Practice at 75. 3 I have also reviewed the requested costs. Petitioner has provided supporting documentation for all claimed costs. ECF No. 34-3. 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 $52,430.96 (representing $49,822.00 in fees plus $2,608.96 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 3 The guidelines for practice are available on the Court’s website: https://www.uscfc.uscourts.gov/guidelines-practice-under-national-vaccine-injury-compensation-program 2 B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 3