VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-02084 Package ID: USCOURTS-cofc-1_24-vv-02084 Petitioner: James Horvath Filed: 2024-12-18 Decided: 2025-08-26 Vaccine: influenza Vaccination date: 2022-12-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 14500 AI-assisted case summary: On December 18, 2024, James Horvath filed a petition alleging that an influenza vaccine administered on December 19, 2022 caused a shoulder injury related to vaccine administration. Respondent denied that Mr. Horvath sustained a Table SIRVA, denied that the flu vaccine caused his alleged shoulder injury or any other injury, and denied vaccine-related sequelae. The public stipulation does not describe the first symptom, treatment visits, imaging, injections, therapy, or residual limitations. The parties settled the case by joint stipulation. On August 26, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Mr. Horvath $14,500.00 as a lump sum through counsel's IOLTA account. A later attorney-fee decision was separate from the injury-compensation award. Theory of causation field: Influenza vaccine December 19, 2022 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public stipulation lacks clinical chronology. Award $14,500 lump sum; later fee award separate. Chief SM Brian H. Corcoran; petition December 18, 2024; decision August 26, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-02084-0 Date issued/filed: 2025-09-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/26/2025) regarding 19 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-02084-UNJ Document 25 Filed 09/29/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2084V JAMES HORVATH, Chief Special Master Corcoran Petitioner, Filed: August 26, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Hess, Shannon Law Group, Woodridge, IL, for Petitioner. Alyssa M. Petroff, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 18, 2024, James Horvath 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 Table injury - shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of his December 19, 2022 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed August 25, 2025, at ¶¶ 1- 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 2, 24, 27-28. “Respondent denies that [P]etitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused [P]etitioner's alleged shoulder injury, or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 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 1:24-vv-02084-UNJ Document 25 Filed 09/29/25 Page 2 of 7 Nevertheless, on August 25, 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 $14,500.00, 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 The RSign “Envelope Data” form at page six of the parties’ Stipulation has been omitted from the attached copy of the Stipulation. 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-02084-UNJ Document 25 Filed 09/29/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JAMES HORVATH, Petitioner, v. No. 24-2084V Chief Special Master Corcoran SECRETA RY OF HEALT H AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: l. James Horvath, 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 the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the influenza vaccination in his left arm on December 19, 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of receiving the influenza vaccine within the Table time frame, and that he experienced residual effects of this 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 his behalf as a result of his condition. ENV58951742-1160-0ABB-3308-CCFC 08/14/2025 13:39 PM UTC Case 1:24-vv-02084-UNJ Document 25 Filed 09/29/25 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l}, the Secretary of Health and Human Services will issue a lump sum of$14,500.00 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 l(a}(1 ), 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. I 0. 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 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. 2 ENV58951742-1160-0ABB-3308-CCFC 08/14/2025 13:39 PM UTC Case 1:24-vv-02084-UNJ Document 25 Filed 09/29/25 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation, 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 attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation wiU be used solely for the benefit of petitioner, 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-l 5(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, 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, 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 petitioner resulting from, or alleged to have resulted from, the influenza vaccine administered on or about December 19, 2022, as alleged by petitioner in a petition for vaccine compensation filed on December 18, 2024, in the United States Court of Federal Claims as petition No. 24-2084. 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. 3 ENV58951742-1160-DABB-3308-CCFC 08/14/202513:39 PM UTC Case 1:24-vv-02084-UNJ Document 25 Filed 09/29/25 Page 6 of 7 15. If the special master fails to issue a decision in complete confollllity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity 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 lnjury 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 influenza vaccine caused petitioner to suffer a shoulder injury or his current disabilities, or any other injury or condition, or that petitioner sustained an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 ENV58951742-1160·DABB-3308-CCFC 08/14/2025 13:39 PM UTC Case 1:24-vv-02084-UNJ Document 25 Filed 09/29/25 Page 7 of 7 Respectfully submitted, PETITIONER: JAMES HORVATH ATTORNEY OF RECORD FOR AUTHORIZED REPRSENT ATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ ,4,4,.t~ e-<~ ELIZABETH HESS HEATHER L. PEARLMAN Shannon Law Group, P.C Deputy Director 6825 Hobson Valley Drive Torts Branch Woodridge, Illinois 60517 Civil Division (312) 578-9501 U.S. Department of Justice (312) 268-5474- Fax P.O. Box 146 ehess@shannonlawgroup.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Jeffreys Digitally signed by • Jeffrey S. Beach -S Bea Ch S Date: 2025.08.05 ----~ 09:52:01 -04'00' 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 Tel: (202) 307.3852 Rockville, MD 20857 E-mail: Alyssa.Petroft2@usdoj.gov 5 ENV58951742-1160-0ABB-3308-CCFC 08/14/2025 13:39 PM UTC ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-02084-cl-extra-11237669 Date issued/filed: 2026-01-08 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10771084 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2084V JAMES HORVATH, Chief Special Master Corcoran Petitioner, v. Filed: December 8, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Hess, Shannon Law Group, Woodridge, IL, Los Angeles, CA, for Petitioner. Alyssa M. Petroff, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 18, 2024, James Horvath 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 he suffered a Table injury - shoulder injury related to vaccine administration as a result of the administration of his December 19, 2022 influenza vaccination. Petition, ECF No. 1. On August 26, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 19. 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 final motion for attorney’s fees and costs, requesting an award of $20,758.65 (representing $19,469.10 in fees plus $1,289.55 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed August 29, 2025 at ECF No. 23. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out- of-pocket expenses were incurred. ECF No. 23. Respondent reacted to the Motion reporting that he is satisfied the statutory requirements for an award of final attorneys’ fees and costs are met in this case but defers resolution of the amount to be awarded for both interim and final fees, to my discretion. Motions at 2-4, ECF No. 24. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s requests and find a minor reduction in the amount of fees to be awarded appropriate, for the reasons set forth below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private 2 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES A. Hourly Rates The hourly rates requested by Elizabeth Hess, Jonathan Svitak and supporting paralegals for all time billed herein are reasonable and consistent with our prior determinations and shall be awarded. However, Mr. Joseph Shannon’s billing entries reflect the wrong hourly rate for year 2024. See Wood v. Sec’y of Health & Hum. Servs., No. 24-0130, Slip Op. 39 (Fed. Cl. Spec. Mstr. June 25, 2025) (awarding attorney Shannon the rate of $531.00 for 2024). I find no reason to deviate from that determination and it otherwise is not the practice of OSM to adjust prior rate determinations upward in later cases. See Jefferson v. Sec’y of Health & Hum. Servs., No. 19-1882V, 2023 WL 387051 (Fed. Cl. Spec. Mstr. Jan. 9, 2023). Accordingly, I hereby reduce Mr. Shannon’s 2024 rate to be consistent with Wood. Application of the foregoing reduces the amount of fees to be awarded herein by $9.50. 3 B. Administrative Tasks Upon review of the billing records submitted, it appears that several billing entries charged herein are for tasks considered clerical or administrative. It is well established that administrative work “should be considered as normal overhead office costs included within the attorney’s fee rates.” Rochester v. U.S., 18 Cl. Ct. 379, 387 (1989); Dingle v. Sec’y of Health & Human Servs., No. 08-579V, 2014 WL 630473, at *4 (Fed. Cl. Spec. Mstr. Jan. 24, 2014). And “[B]illing for clerical and other secretarial work is not permitted in the Vaccine Program.” Mostovoy, 2016 WL 720969, at *5 (citing Rochester, 18 Cl. Ct. at 387). Accordingly, I deny reimbursement of administrative tasks claimed herein, reducing the amount of fees to be awarded by $270.80. 4 3 This amount consists of reducing Joseph Shannon’s 2024 rate and is calculated as f ollows: ($550.00 - $531.00 = $19.00 x 0.50 hours) = $9.50. 4 This amount consists of the following administrative billing entries: 11/17/23: “Organized new case by converting lead to case on MyCase, setting up f olders on server.” 12/19/24: “Access HRSA portal and submit filed petition. Complete all requested information related to case. Confirm submission is complete.” 1/8/25: “Prepare remaining sets of medical records as exhibits, label and bates stamp in preparation f or f iling.” 1/15/25: “Prepare Duly Plainfield records as exhibit, label and bates stamp.” 8/27/25: “File Election to Accept Judgment with the USCFC.” Reflecting a combined total of $270.80 in administrative billing entries. 3 ATTORNEY COSTS Petitioner has provided supporting documentation for all claimed costs. ECF No. 23-4. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. CONCLUSION The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT, in part, Petitioner’s Motions for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $20,478.35 (representing $19,188.80 in fees plus $1,289.55 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this Decision. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 4