VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01374 Package ID: USCOURTS-cofc-1_24-vv-01374 Petitioner: Maria Reynoso Filed: 2024-09-04 Decided: 2025-03-31 Vaccine: influenza, hepatitis B, zoster, and COVID-19 Vaccination date: 2022-11-08 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 70160.36 AI-assisted case summary: On September 4, 2024, Maria Reynoso filed a petition alleging that influenza and hepatitis B vaccinations administered on November 8, 2022 caused a shoulder injury related to vaccine administration. The proffer noted that she received the flu and hepatitis B vaccines in her left shoulder, a zoster vaccine in the left shoulder, and a COVID-19 vaccine in the right arm on the same day; zoster and COVID-19 were not covered vaccines under the Vaccine Injury Table. Respondent conceded entitlement, and Chief Special Master Brian H. Corcoran found Ms. Reynoso entitled to compensation on March 12, 2025. The public rulings do not describe her onset, imaging, injections, therapy, or daily limitations. On March 31, 2025, the Chief Special Master awarded $70,160.36. The award consisted of $70,000.00 for pain and suffering and $160.36 payable jointly to Ms. Reynoso and the Centers for Medicare and Medicaid Services for a Medicaid lien. Theory of causation field: Adult petitioner; influenza and hepatitis B vaccines in left shoulder November 8, 2022, with same-day zoster left shoulder and COVID-19 right arm; alleged SIRVA. COMPENSATED. Entitlement March 12, 2025; damages March 31, 2025. Award $70,160.36 = $70,000.00 pain/suffering + $160.36 CMS/Medicaid lien. SM Corcoran. Petition filed September 4, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01374-0 Date issued/filed: 2025-04-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/12/2025) regarding 15 Ruling on Entitlement. (Signed by Chief Special Master Brian H. Corcoran). (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01374-UNJ Document 23 Filed 04/11/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1374V MARIA REYNOSO, Chief Special Master Corcoran Petitioner, Filed: March 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 4, 2024, Maria Reynoso 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 vaccination administration (“SIRVA”) resulting from influenza and hepatitis B vaccinations received on November 8, 2022. Petition at 1. Petitioner further alleges that the vaccines were received in the United States, her injury has lasted for more than six months, and Petitioner has never filed a civil action for her vaccine-related injuries. Petition at ¶¶ 5, 25, 27. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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. 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 1:24-vv-01374-UNJ Document 23 Filed 04/11/25 Page 2 of 2 On March 7, 2025, 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 in that “petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 6-7. Respondent further agrees that the records demonstrate that Petitioner suffered the residual effects of her condition for more than six months and has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 7. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01374-cl-extra-10843575 Date issued/filed: 2025-04-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10376987 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1374V MARIA REYNOSO, Chief Special Master Corcoran Petitioner, Filed: March 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 4, 2024, Maria Reynoso 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 vaccination administration (“SIRVA”) resulting from influenza and hepatitis B vaccinations received on November 8, 2022. Petition at 1. Petitioner further alleges that the vaccines were received in the United States, her injury has lasted for more than six months, and Petitioner has never filed a civil action for her vaccine-related injuries. Petition at ¶¶ 5, 25, 27. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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. 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). On March 7, 2025, 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 in that “petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 6-7. Respondent further agrees that the records demonstrate that Petitioner suffered the residual effects of her condition for more than six months and has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 7. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01374-1 Date issued/filed: 2025-04-30 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 03/31/2025) regarding 19 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01374-UNJ Document 24 Filed 04/30/25 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1374V MARIA REYNOSO, Chief Special Master Corcoran Petitioner, Filed: March 31, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 4, 2024, Maria Reynoso 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 vaccination administration (“SIRVA”) resulting from influenza and hepatitis B vaccinations received on November 8, 2022.The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 12, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 31, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00, plus reimbursement of a Medicaid lien. Proffer at 2-3. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. 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-01374-UNJ Document 24 Filed 04/30/25 Page 2 of 6 Pursuant to the terms stated in the attached Proffer, I award Petitioner the following: A. Alump sum payment of $70,000.00, representing compensation for pain and suffering,to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and B. A lump sum payment of $160.36 representing reimbursement of a lien for services rendered on behalf of Petitioner by the State of California, in the form of a check made payable to Petitioner and Department of Health Care Services: Department of Health Care Services Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account No.: C96457116A-001T Petitioner agrees to endorse and mail this payment to the Department of Health Care Services. These amounts represent compensation for all damages that would be available under Section 15(a). 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 1:24-vv-01374-UNJ Document 24 Filed 04/30/25 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARIA REYNOSO, Petitioner, v. No. 24-1374V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 4, 2024, Maria Reynoso (“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 (“Table”), 42 C.F.R. § 100.3, as the result of influenza (“flu”) and hepatitis B vaccinations she received on November 8, 2022.1 Petition at 1. On March 7, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded for a SIRVA,2 and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation on March 12, 2025. ECF No. 13; ECF No. 15. 1 Petitioner received the flu and hepatitis B vaccines in her left shoulder. Exhibit 2 at 7-8. Petitioner also received a Zoster (shingles) vaccine in her left shoulder and a COVID-19 vaccine in her right arm on the same day. Id. at 5, 6. Zoster and COVID-19 vaccines are not covered vaccines listed in the Table. See 42 C.F.R. § 100.3. 2 As respondent noted in the Rule 4(c) Report, the Zoster vaccine is not a covered vaccine listed in the Table and is not included in this concession, and petitioner received the COVID-19 vaccine, which also is not a covered vaccine, in the opposite arm. ECF No. 13 at 2. Case 1:24-vv-01374-UNJ Document 24 Filed 04/30/25 Page 4 of 6 I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $70,000.00 in actual pain and suffering. Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy a California Medi- Cal lien in the amount of $160.36, through: Department of Health Care Services Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account No.: C96457116A-001T This sum represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the California Department of Health Care Services (“DHCS”) may have against any individual as a result of any Medicaid payments the DHCS has made to or on behalf of Maria Reynoso from the date of her eligibility for benefits through the date of November 8, 2022, under Title XIX of the Social Security Act. These amounts represent 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 2 Case 1:24-vv-01374-UNJ Document 24 Filed 04/30/25 Page 5 of 6 lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following3: A. A lump sum payment of $70,000.00, representing compensation for pain and suffering, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; and B. A lump sum payment of $160.36, representing reimbursement of a lien for services rendered on behalf of petitioner by the State of California, in the form of a check payable jointly to petitioner and Department of Health Care Services. Petitioner agrees to endorse and mail this payment to the Department of Health Care Services. III. Summary of Recommended Payments Following Judgment A. Lump sum payable to petitioner, Maria Reynoso: $70,000.00 B. Medicaid lien payable jointly to petitioner and Department of Health Care Services: $160.36 Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 3 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 3 Case 1:24-vv-01374-UNJ Document 24 Filed 04/30/25 Page 6 of 6 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Sarah C. Duncan SARAH C. DUNCAN Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 514-9729 Email: sarah.c.duncan@usdoj.gov DATED: March 31, 2025 4 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01374-cl-extra-10889871 Date issued/filed: 2025-04-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10423283 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1374V MARIA REYNOSO, Chief Special Master Corcoran Petitioner, Filed: March 31, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 4, 2024, Maria Reynoso 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 vaccination administration (“SIRVA”) resulting from influenza and hepatitis B vaccinations received on November 8, 2022. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 12, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 31, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00, plus reimbursement of a Medicaid lien. Proffer at 2-3. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 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 attached Proffer, I award Petitioner the following: A. A lump sum payment of $70,000.00, representing compensation for pain and suffering, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and B. A lump sum payment of $160.36 representing reimbursement of a lien for services rendered on behalf of Petitioner by the State of California, in the form of a check made payable to Petitioner and Department of Health Care Services: Department of Health Care Services Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account No.: C96457116A-001T Petitioner agrees to endorse and mail this payment to the Department of Health Care Services. These amounts represent compensation for all damages that would be available under Section 15(a). 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 MARIA REYNOSO, Petitioner, v. No. 24-1374V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 4, 2024, Maria Reynoso (“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 (“Table”), 42 C.F.R. § 100.3, as the result of influenza (“flu”) and hepatitis B vaccinations she received on November 8, 2022. 1 Petition at 1. On March 7, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be awarded for a SIRVA, 2 and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation on March 12, 2025. ECF No. 13; ECF No. 15. 1 Petitioner received the flu and hepatitis B vaccines in her left shoulder. Exhibit 2 at 7-8. Petitioner also received a Zoster (shingles) vaccine in her left shoulder and a COVID-19 vaccine in her right arm on the same day. Id. at 5, 6. Zoster and COVID-19 vaccines are not covered vaccines listed in the Table. See 42 C.F.R. § 100.3. 2 As respondent noted in the Rule 4(c) Report, the Zoster vaccine is not a covered vaccine listed in the Table and is not included in this concession, and petitioner received the COVID-19 vaccine, which also is not a covered vaccine, in the opposite arm. ECF No. 13 at 2. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $70,000.00 in actual pain and suffering. Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy a California Medi- Cal lien in the amount of $160.36, through: Department of Health Care Services Personal Injury Program, MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account No.: C96457116A-001T This sum represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the California Department of Health Care Services (“DHCS”) may have against any individual as a result of any Medicaid payments the DHCS has made to or on behalf of Maria Reynoso from the date of her eligibility for benefits through the date of November 8, 2022, under Title XIX of the Social Security Act. These amounts represent 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 2 lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following3: A. A lump sum payment of $70,000.00, representing compensation for pain and suffering, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; and B. A lump sum payment of $160.36, representing reimbursement of a lien for services rendered on behalf of petitioner by the State of California, in the form of a check payable jointly to petitioner and Department of Health Care Services. Petitioner agrees to endorse and mail this payment to the Department of Health Care Services. III. Summary of Recommended Payments Following Judgment A. Lump sum payable to petitioner, Maria Reynoso: $70,000.00 B. Medicaid lien payable jointly to petitioner and Department of Health Care Services: $160.36 Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 3 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 3 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Sarah C. Duncan SARAH C. DUNCAN Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 514-9729 Email: sarah.c.duncan@usdoj.gov DATED: March 31, 2025 4 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_24-vv-01374-cl-extra-11134470 Date issued/filed: 2025-09-08 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10667883 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1374V CORRECTED MARIA REYNOSO, Chief Special Master Corcoran Petitioner, Filed: August 8, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 4, 2024, Maria Reynoso 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 developed a shoulder injury related to vaccine administration following influenza and hepatitis B vaccines she received on November 8, 2022. Petition, ECF No. 1. On March 12, 2025, I issued a ruling on entitlement finding the 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 entitled to compensation. ECF No. 15. On March 31, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 19. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $22,005.88 (representing $21,438.50 in fees plus $567.38 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 17, 2025, ECF No. 25. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF 25-4 at 1. Respondent reacted to the motion on June 23, 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. 26. Petitioner filed no reply thereafter. 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 will therefore be awarded. Furthermore, Petitioner has provided supporting documentation for all claimed costs. Motion, Exhibit 2 at 1-12. 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 $22,005.88 (representing $21,438.50 in fees plus $567.38 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