Vaccine Injury Compensation Program: Redaction Request Denied in High Profile Case

Strategic Insights -

Amir Goldkorn, a physician and petitioner in a Vaccine Injury Compensation Program case, sought redaction of his name in a decision awarding damages. However, his request was denied by Chief Special Master Brian H. Corcoran due to procedural defects and the fact that the information was already publicly disclosed. The case highlights the importance of timely action in seeking redactions under the Vaccine Act and the difficulty of revisiting decisions once they have been publicly posted.

Key Takeaways:

  • The case, Goldkorn v. Secretary of Health and Human Services, involves a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine.
  • Petitioner Amir Goldkorn filed a Motion for Leave to File Motion for Redactions Out of Time on March 20, 2025, seeking to redact his name in the Decision Awarding Damages.
  • The proposed motion to redact was silent on the Proffer that had been attached to the Decision, which also includes his full name.
  • Chief Special Master Corcoran denied the motion, citing procedural defects and the fact that the information was already publicly disclosed in December 2024.
  • The Decision Awarding Damages reveals little about Petitioner beyond his name, injury, and the amount awarded, and redaction is generally not warranted in such circumstances.
  • The untimely request of the current redaction motion means the relief it seeks has been mooted by subsequent events.
  • The harm Petitioner alleges stemming from public disclosure of the fact that he suffered a vaccine injury cannot be redressed by redaction.

Statistics:

  • 14 days: the timeframe set by Vaccine Rule 18(b) for Petitioner to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
  • 27 days: the time lag between the Decision Awarding Damages and Petitioner's Motion for Leave to File Motion for Redactions Out of Time.
  • 2 months: the time period between the December 2024 Ruling and Petitioner's current motion.
  • 25%: the percentage of Program decisions that would be subject to redaction if all claimants received damages.

Sources:

  • 42 U.S.C. §300aa-10, et seq. (the "Vaccine Act").
  • ECF No. 21, the Ruling on Entitlement.
  • ECF No. 30, the Decision Awarding Damages.
  • ECF No. 32, the Motion for Leave to File Motion for Redactions Out of Time.
  • ECF No. 33, the Response filed by Respondent.
  • Vaccine Rule 18(b).
  • Berthold v. Sec'y of Health & Human Servs., No. 24-0417V, 2024 WL 5199727, 2024 U.S. Claims LEXIS 3318* (Fed. Cl. Spec. Mstr. Nov. 20, 2024).