Mark Simmer v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Mark Simmer filed a petition for compensation under the National Vaccine Injury Compensation Program on June 9, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on September 14, 2016. The parties entered into a stipulation for compensation, and a decision awarding compensation was issued on August 31, 2018.

Subsequently, on March 6, 2019, Mr. Simmer filed an amended motion for attorneys' fees and costs, requesting $22,514.30 in fees and $1,464.11 in costs, for a total of $23,978.41.

The respondent did not object to the statutory requirements for an award. The Chief Special Master reviewed the billing records and found a reduction in the hourly rate for work performed in 2019 to be reasonable, resulting in a total award of $23,934.41, jointly payable to Mr.

Simmer and his counsel, Leah VaSahnja Durant.