VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00848 Package ID: USCOURTS-cofc-1_13-vv-00848 Petitioner: Debbie Harris Filed: 2013-10-29 Decided: 2015-07-28 Vaccine: influenza Vaccination date: 2011-11-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 207030 AI-assisted case summary: Debbie Harris filed a petition on October 29, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a trivalent influenza vaccine she received on November 18, 2011, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). In her Rule 4(c) Report filed on January 23, 2014, the Respondent conceded that the petitioner's claim was compensable under the Act. The Division of Vaccine Injury Compensation (DVIC) had reviewed the facts and concluded that the petitioner's injury was consistent with SIRVA, satisfying the Althen requirements and proving causation-in-fact by a vaccination. No other causes were identified, and the statutory six-month sequelae requirement was met. The Respondent indicated that once the petitioner established no prior award or settlement of civil damages, she would be entitled to compensation. Special Master Brian H. Corcoran issued an order on January 24, 2014, indicating the case was ready for the damages phase. On October 29, 2014, the Respondent filed a proffer recommending an award of compensation. Special Master Corcoran reviewed the file and found the proffer reasonable, adopting it as the decision of the Court. The proffer awarded the petitioner a lump sum of $207,030.12. This amount represented the discounted present value of life care expenses ($69,717.83), pain and suffering ($135,000.00), and past unreimbursable expenses ($2,312.29), as provided under 42 U.S.C. § 300aa-15(a). The Special Master found the petitioner entitled to compensation for an injury caused-in-fact by a covered vaccine. On March 5, 2015, the Petitioner filed a motion for attorney's fees and costs. The parties subsequently filed a stipulation on March 23, 2015, agreeing to an award of $24,000.00 for attorney's fees and costs. Special Master Corcoran approved this amount, to be paid in a check jointly to Petitioner Debbie Harris and her counsel, Ronald Homer, Esq. The decision was issued on July 28, 2015. Theory of causation field: Petitioner Debbie Harris received a trivalent influenza vaccine on November 18, 2011, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). Respondent conceded in its Rule 4(c) Report (filed January 23, 2014) that the injury was consistent with SIRVA and that Petitioner had proven causation-in-fact under the Althen requirements, with no other causes identified. Special Master Brian H. Corcoran adopted Respondent's proffer (filed October 29, 2014) as the decision of the Court. Petitioner was awarded a lump sum of $207,030.12, comprising discounted present value of life care expenses ($69,717.83), pain and suffering ($135,000.00), and past unreimbursable expenses ($2,312.29). Attorney's fees and costs of $24,000.00 were awarded separately in a decision dated July 28, 2015, based on a stipulation filed March 23, 2015. Petitioner's counsel was Ronald Homer of Conway, Homer & Chin-Caplan, P.C. Respondent's counsel was Lara Englund of the U.S. Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00848-0 Date issued/filed: 2014-11-21 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 10/30/2014) regarding 23 DECISION of Special Master (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00848-UNJ Document 27 Filed 11/21/14 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-848V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DEBBIE HARRIS, * Filed: October 30, 2014 * Petitioner, * Entitlement; Off-Table Injury; * Conceded; Decision by Proffer; v. * Damages; Trivalent Influenza (“flu”) * Vaccine; Shoulder Injury Related * to Vaccine Administration SECRETARY OF HEALTH AND * (“SIRVA”) HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. Lara Englund, U.S. Dep’t of Justice, Washington, D.C., for Respondent. DECISION FINDING ENTITLEMENT AND AWARDING DAMAGES1 On October 29, 2013, Debbie Harris filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that she suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the trivalent influenza (“flu”) vaccine on November 18, 2011. 1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended, 42 U.S.C.A. ' 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act. Case 1:13-vv-00848-UNJ Document 27 Filed 11/21/14 Page 2 of 9 In her Rule 4(c) Report, filed on January 23, 2014, Respondent conceded that Petitioner’s claim was compensable under the Act. Respondent specifically stated that the Division of Vaccine Injury Compensation (“DVIC”), Department of Health and Human Services, had reviewed the facts of this case and had concluded that Petitioner’s injury was consistent with SIRVA. Accordingly, DVIC agreed that Petitioner’s claim satisfied the Althen requirements and that she had proven her injury was caused-in-fact by a vaccination. Respondent indicated that no other causes for Petitioner’s condition had been identified and the statutory six month sequelae requirement had been satisfied. Therefore, the Rule 4(c) Report indicated that once Petitioner established that no one had previously collected an award or settlement of civil damages on her behalf, she would have satisfied the legal prerequisites for compensation under the Act, and would be entitled to an award of damages. In view of Respondent’s concession, on January 24, 2014, I issued an order indicating that this case was ready for the damages phase. On October 29, 2014, Respondent filed a proffer recommending an award of compensation to Petitioner in accordance with the life care items of compensation as illustrated by the spreadsheet analysis attached to the proffer as Tab A (a copy of which is also attached here). I have reviewed the file, and based upon that review, I conclude that the Respondent’s proffer was reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The proffer awards Petitioner:  A lump sum of $207,030.12 representing the discounted present value of life care expenses expected to be occurred over Debbie Harris’s life ($69,717.83), pain and suffering ($135,000.00), and past unreimbursable expenses ($2,312.29), in the form of a check payable to Petitioner, Debbie Harris. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which Petitioner would be entitled. Proffer § 2. Based on my own review of the record (See § 300aa-13(a)(1); 42 C.F.R. § 100.3(a)(I), I find that Petitioner is entitled to compensation for an injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). I therefore approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:13-vv-00848-UNJ Document 27 Filed 11/21/14 Page 3 of 9 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Case 1:13-vv-00848-UNJ Document 27 Filed 11/21/14 Page 4 of 9 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DEBBIE HARRIS, ) ) Petitioner, ) ) v. ) No. 13-848V ) Special Master Brian H. Corcoran SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation A. Life Care Items Respondent engaged life care planner Jacqueline Morris, RN, BSN, CRRN, CNLCP, and petitioner engaged Maureen Clancy, RN, BSN, CLCP, to provide an estimation of petitioner’s future vaccine-injury related needs. For the purposes of this proffer, the term “vaccine related” is as described in respondent’s Rule 4(c) Report filed January 23, 2014. All life care items of compensation are supported by the evidence and are illustrated by the spreadsheet analysis entitled Appendix A: Discounted Present Value of Life Care Items of Compensation for Debbie Harris, attached hereto as Tab A.1 Respondent proffers that Debbie Harris should be awarded all life care items of compensation as illustrated by the spreadsheet analysis attached at Tab A. Petitioner agrees. 1 The chart at Tab A illustrates projected annual life care expenses, discounted over life expectancy at the net discount rates indicated. Case 1:13-vv-00848-UNJ Document 27 Filed 11/21/14 Page 5 of 9 B. Lost Earnings Petitioner has not submitted a claim for lost earnings and has not submitted any evidence that would demonstrate that she is entitled to compensation for past or future lost earnings. Thus, petitioner is not entitled to an award for lost earnings. Petitioner agrees. C. Pain and Suffering Respondent proffers that Debbie Harris should be awarded $135,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. D. Past Unreimbursable Expenses Evidence supplied by Debbie Harris documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that Debbie Harris should be awarded past unreimbursable expenses in the amount of $2,312.29. Petitioner agrees. E. Medicaid Lien Petitioner represents that there are no Medicaid liens outstanding against Debbie Harris. II. Form of the Award The parties recommend that the compensation provided to Debbie Harris should be made through a lump sum payment as described below, and request that the special master’s decision and the Court’s judgment award the following:2 A. A lump sum payment of $207,030.12, representing the discounted present value of life care expenses expected to be incurred over Debbie Harris’s life ($69,717.83), 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2 Case 1:13-vv-00848-UNJ Document 27 Filed 11/21/14 Page 6 of 9 pain and suffering ($135,000.00), and past unreimbursable expenses ($2,312.29), in the form of a check payable to petitioner, Debbie Harris. III. Summary of Recommended Payments Following Judgment A. Lump sum paid to petitioner, Debbie Harris: $207,030.12 Respectfully submitted, JOYCE R. BRANDA Acting Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division ALTHEA W. DAVIS Senior Trial Counsel Torts Branch, Civil Division s/ LARA A. ENGLUND LARA A. ENGLUND 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) 307-3013 DATED: October 30, 2014 3 Case 1:13-vv-00848-UNJ Document 27 Filed 11/21/14 Page 7 of 9 APPENDIX A: DISCOUNTED PRESENT VALUE OF LIFE CARE ITEMS OF COMPENSATION FOR DEBBIE HARRIS Petitioner: Debbie Harris, D.O.B. 12/09/1960 Total Discounted Present Value of Life Care Items: $69,717.83 Annual Amounts Follow Anniversary Dates of Judgment and discounted at 2% NDR for non-medical and 1% NDR for medical items Medicare Medicare Year from Group Part A & Part B Medicare Pain Adap. Year Judgment Age Health B Deductible Medigap Part D Orthopedic Specialist MRI Motrin IB PT Eval OT Eval Grab Bars Equip 1% 1% 1% 1% 1% 1% 1% 1% 2% 2% 2% 2% 2% * * 2014 0 54 - - - - - 118.00 - - 10.49 255.00 - - 32.12 2015 1 55 - - - - - - - - 10.28 - - - 3.15 2016 2 56 - - - - - - - - 10.08 - - - 3.09 2017 3 57 - - - - - 114.53 - - 9.88 240.29 - - 3.02 2018 4 58 - - - - - - - - 9.69 - - - 2.97 2019 5 59 - - - - - - - 891.52 9 .50 - - - 2.91 2020 6 60 - - - - - 111.16 - - 9.31 226.43 - - 2.85 2021 7 61 - - - - - - - - 9.13 - - - 2.79 2022 8 62 - - - - - - - - 8.95 - - - 2.74 2023 9 63 - - - - - 107.89 - - 8.78 213.37 - - 2.69 2024 10 64 - - - - - - - - 8.61 - - - 2.63 2025 11 65 - - 131.76 - - - - - 8.44 - - - 2.58 2026 12 66 - - 130.46 - - 20.94 - - 8.27 40.21 - - 2.53 2027 13 67 - - 129.16 - - 6.92 - - 8.11 13.14 - - 2.48 2028 14 68 - - 127.88 - - 6.85 - - 7.95 12.88 - - 2.43 2029 15 69 - - 126.62 - - 6.78 - - 7.79 12.63 - - 2.39 2030 16 70 - - 125.36 - - 6.71 - - 7.64 12.38 - - 2.34 2031 17 71 - - 124.12 - - 6.65 - - 7.49 12.14 - - 2.29 2032 18 72 - - 122.89 - - 6.58 - - 7.34 11.90 - - 2.25 2033 19 73 - - 121.68 - - 6.51 - - 7.20 11.67 - - 2.20 2034 20 74 - - 120.47 - - 6.45 - - 7.06 11.44 - - 2.16 2035 21 75 - - 119.28 - - 6.39 - - 6.92 11.22 - - 2.12 2036 22 76 - - 118.10 - - 6.32 - - 6.79 11.00 - - 2.08 2037 23 77 - - 116.93 - - 6.26 - - 6.65 10.78 - - 2.04 2038 24 78 - - 115.77 - - 6.20 - - 6.52 10.57 - - 2.00 2039 25 79 - - 114.63 - - 6.14 - - 6.39 10.36 - - 1.96 2040 26 80 - - 113.49 - - 6.08 - - 6.27 10.16 - - 1.92 2041 27 81 - - 112.37 - - 6.02 - - 6.15 9.96 - - 1.88 2042 28 82 - - 111.25 - - 5.96 - - 6.03 9.76 - - 1.84 2043 29 83 - - 110.15 - - 5.90 - - 5.91 9.57 - - 1.81 0.00 0.00 2,292.37 0.00 0.00 581.24 0.00 891.52 239.62 1,166.86 0.00 0.00 102.26 Harris RESP Present Value Analysis 102214 Case 1:13-vv-00848-UNJ Document 27 Filed 11/21/14 Page 8 of 9 APPENDIX A: DISCOUNTED PRESENT VALUE OF LIFE CARE ITEMS OF COMPENSATION FOR DEBBIE HARRIS Petitioner: Debbie Harris, D.O.B. 12/09/1960 Total Discounted Present Value of Life Care Items: $69,717.83 Annual Amounts Follow Anniversary Dates of Judgment and discounted at 2% NDR for non-medical and 1% NDR for medical items Home maker/ Mileage: Mileage: Year from Computer Step Rubber Personal Snow Lawn Ortho- Pain Year Judgment Age Equip Stool Bath Mat Heat Pad Care Handyman Removal Car Wash Tree Maint mower pedic Specialist 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2014 0 54 4 00.00 18.97 - - 2,160.00 - 416.00 125.00 2 20.00 314.14 1 .10 - 2015 1 55 - 1.86 - - 2,117.65 - 407.84 122.55 2 15.69 - 0.36 - 2016 2 56 - 1.83 - - 2,076.12 - 399.85 120.15 2 11.46 - 0.36 - 2017 3 57 - 1.79 - - 2,035.42 - 392.01 117.79 2 07.31 - 0.35 - 2018 4 58 - 1.76 - - 1,995.51 - 384.32 115.48 2 03.25 - 0.34 - 2019 5 59 - 1.72 - - 1,956.38 - 376.78 113.22 1 99.26 284.53 0 .34 - 2020 6 60 1 77.59 1 .69 - - 1,918.02 - 369.40 111.00 1 95.35 - 0.33 - 2021 7 61 - 1.65 - - 1,880.41 - 362.15 108.82 1 91.52 - 0.32 - 2022 8 62 - 1.62 - - 1,843.54 - 355.05 106.69 1 87.77 - 0.32 - 2023 9 63 - 1.59 - - 1,807.39 - 348.09 104.59 1 84.09 - 0.31 - 2024 10 64 - 1.56 - - 1,771.95 - 341.26 102.54 1 80.48 257.70 0 .30 - 2025 11 65 - 1.53 - - 1,881.98 - 334.57 100.53 1 76.94 - 0.30 - 2026 12 66 - 1.50 - - 1,845.07 - 328.01 9 8.56 173.47 - 0.29 - 2027 13 67 - 1.47 - - 1,808.90 - 321.58 9 6.63 170.07 - 0.29 - 2028 14 68 - 1.44 - - 1,773.43 - 315.28 9 4.73 166.73 - 0.28 - 2029 15 69 - 1.41 - - 1,738.65 - 309.09 9 2.88 163.46 - 0.27 - 2030 16 70 - 1.38 - - 1,704.56 - 303.03 9 1.06 160.26 - 0.27 - 2031 17 71 - 1.36 - - 1,671.14 - - - - - 0.26 - 2032 18 72 - 1.33 - - 1,638.37 - - - - - 0.26 - 2033 19 73 - 1.30 - - 1,606.25 - - - - - 0.25 - 2034 20 74 - 1.28 - - 1,574.75 - - - - - 0.25 - 2035 21 75 - 1.25 - - 1,543.88 - - - - - 0.24 - 2036 22 76 - 1.23 - - 1,513.60 - - - - - 0.24 - 2037 23 77 - 1.20 - - 1,483.92 - - - - - 0.23 - 2038 24 78 - 1.18 - - 1,454.83 - - - - - 0.23 - 2039 25 79 - 1.16 - - 1,426.30 - - - - - 0.23 - 2040 26 80 - 1.14 - - 1,398.34 - - - - - 0.22 - 2041 27 81 - 1.11 - - 1,370.92 - - - - - 0.22 - 2042 28 82 - 1.09 - - 1,344.04 - - - - - 0.21 - 2043 29 83 - 1.07 - - 1,317.68 - - - - - 0.21 - 577.59 60.47 0.00 0.00 51,659.00 0.00 6,064.31 1,822.22 3,207.11 856.37 9.18 0.00 Harris RESP Present Value Analysis 102214 Case 1:13-vv-00848-UNJ Document 27 Filed 11/21/14 Page 9 of 9 APPENDIX A: DISCOUNTED PRESENT VALUE OF LIFE CARE ITEMS OF COMPENSATION FOR DEBBIE HARRIS Petitioner: Debbie Harris, D.O.B. 12/09/1960 Total Discounted Present Value of Life Care Items: $69,717.83 Annual Amounts Follow Anniversary Dates of Judgment and discounted at 2% NDR for non-medical and 1% NDR for medical items Year from Mileage: Mileage: Mileage: Mileage: Mileage: Year Judgment Age MRI PT OT Counselor YMCA Car Mods Annual Total 2% 2% 2% 2% 2% 2% 2014 0 54 - 7.51 - - - 22.95 4 ,101.28 2015 1 55 - 2.45 - - - 4 .50 2,886.33 2016 2 56 - 2.40 - - - 4 .41 2,829.75 2017 3 57 - 2.36 - - - 4 .33 3,129.08 2018 4 58 - 2.31 - - - 4 .24 2,719.87 2019 5 59 2 .37 2.26 - - - 4 .16 3,844.95 2020 6 60 - 2.22 - - - 4 .08 3,129.43 2021 7 61 - 2.18 - - - 4 .00 2,562.97 2022 8 62 - 2.13 - - - 3 .92 2,512.73 2023 9 63 - 2.09 - - - 3 .84 2,784.72 2024 10 64 - 2.05 - - - 3 .77 2,672.85 2025 11 65 - 2.01 - - - 3 .69 2,644.33 2026 12 66 - 1.97 - - - 3 .62 2,654.90 2027 13 67 - 1.93 - - - 3 .55 2,564.23 2028 14 68 - 1.89 - - - 3 .48 2,515.25 2029 15 69 - 1.86 - - - 3 .41 2,467.24 2030 16 70 - 1.82 - - - 3 .34 2,420.15 2031 17 71 - 1.79 - - - 3 .28 1,830.52 2032 18 72 - 1.75 - - - 3 .21 1,795.88 2033 19 73 - 1.72 - - - 3 .15 1,761.93 2034 20 74 - 1.68 - - - 3 .09 1,728.63 2035 21 75 - 1.65 - - - 3 .03 1,695.98 2036 22 76 - 1.62 - - - 2 .97 1,663.95 2037 23 77 - 1.59 - - - 2 .91 1,632.51 2038 24 78 - 1.55 - - - 2 .85 1,601.70 2039 25 79 - 1.52 - - - 2 .80 1,571.49 2040 26 80 - 1.49 - - - 2 .74 1,541.85 2041 27 81 - 1.46 - - - 2 .69 1,512.78 2042 28 82 - 1.44 - - - 2 .64 1,484.26 2043 29 83 - 1.41 - - - 2 .58 1,456.29 2.37 62.11 0.00 0.00 0.00 123.23 69,717.83 Harris RESP Present Value Analysis 102214 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00848-1 Date issued/filed: 2015-07-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/23/2015) Regarding 31 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00848-UNJ Document 34 Filed 07/28/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-848V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DEBBIE HARRIS, * Filed: March 23, 2015 * Petitioner, * Decision; Attorney’s * Fees & Costs v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. Lara Englund, U.S. Dep’t of Justice, Washington, DC, for Respondent. ATTORNEY’S FEES AND COSTS DECISION1 On October 29, 2013, Debbie Harris filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Respondent filed her Rule 4(c) report, on January 23, 2014, recommending compensation under the Vaccine Act be awarded in this case and, accordingly, I issued a damages order. Thereafter, on October 29, 2014, Respondent filed a proffer detailing the amount to be awarded to Petitioner. I subsequently issued a decision finding entitlement and awarding damages. I found the proffer to be reasonable and granted Petitioner an award as outlined in the proffer. 1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended, 42 U.S.C. § 300aa-10 – 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act. Case 1:13-vv-00848-UNJ Document 34 Filed 07/28/15 Page 2 of 2 On March 5, 2015, Petitioner filed a motion for attorney’s fees and costs. In addition, and in compliance with General Order #9, Petitioner and Counsel filed a statement regarding costs accrued. The parties subsequently filed a stipulation regarding attorney’s fees and costs on March 23, 2015, indicating that Petitioner has amended her request, and now seeks reimbursement for fees and costs in the amount of $24,000.00. The stipulation also indicated that pursuant to General Order #9, Petitioner has advanced no monies in reimbursable costs in pursuit of her claim. The parties now request a decision awarding final attorney’s fees and costs, totaling $24,000.00, be issued. I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award of $24,000.00 should be made in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Ronald Homer, Esq. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2