VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00271
Package ID: USCOURTS-cofc-1_21-vv-00271
Petitioner: STEPHANIE STITES
Filed: 2021-01-07
Decided: 2024-05-01
Vaccine: influenza
Vaccination date: 2019-11-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 21085

AI-assisted case summary:
Stephanie Stites filed a petition for compensation on January 7, 2021, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 16, 2019. The injury was considered a Table injury. The parties reached a stipulation, and on July 19, 2023, a decision was issued awarding compensation. Subsequently, Ms. Stites filed a motion for attorney's fees and costs, requesting $21,085.92. Respondent indicated satisfaction that the statutory requirements were met. Chief Special Master Corcoran reviewed the billing records and found the request reasonable, awarding the full amount of $21,085.92 in fees and costs as a lump sum, jointly payable to the petitioner and her counsel.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00271-0
Date issued/filed: 2024-06-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/01/2024 ) regarding 41 DECISION of Special Master - Fees. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00271-UNJ Document 44 Filed 06/04/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0271V
STEPHANIE STITES,
Chief Special Master Corcoran
Petitioner,
Filed: May 1, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON ATTORNEY’S FEES AND COSTS1
On January 7, 2021, Stephanie Stites 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 received an influenza (“flu”) vaccine, which vaccine is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on November 16, 2019, in
her left arm. Petitioner alleges that she sustained a shoulder injury related to vaccine
administration (“SIRVA”) within the time period set forth in the Table, or in the alternative,
that her alleged shoulder injury was caused and/or significantly aggravated by 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 (2012).

Case 1:21-vv-00271-UNJ Document 44 Filed 06/04/24 Page 2 of 2
vaccine. On July 19, 2023, I issued a decision awarding compensation to Petitioner based
on the parties’ stipulation. ECF No. 34.
Petitioner has now filed a motion for attorney’s fees and costs, requesting an award
of $21,085.92 (representing $20,255.40 in fees plus $830.52 in costs). Petitioner’s
Application for Attorneys’ Fees (“Motion”) filed January 17, 2024, ECF No. 38. In
accordance with General Order No. 9, Petitioner filed a signed statement indicating that
she incurred no out-of-pocket expenses. Id. at 2.
Respondent reacted to the motion on January 19, 2024, indicating that he is
satisfied that the statutory requirements for an award of attorney’s fees and costs are met
in this case, but deferring resolution of the amount to be awarded to my discretion.
Respondent’s Response to Motion at 2-3, 3 n.2, ECF No. 39. On February 12, 2024,
Petitioner filed a reply requesting the fees and costs be awarded in full. ECF No. 40.
I have reviewed the billing records submitted with Petitioner’s request. In my
experience, the request appears reasonable, and I find no cause to reduce the requested
hours or rates. Furthermore, Petitioner has provided supporting documentation for all
claimed costs. Motion Ex. 2 at 1 - 8. Respondent offered no specific objection to the rates
or amounts sought.
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. I award a total of $21,085.92 (representing $20,255.40 in
fees plus $830.52 in costs) as a lump sum in the form of a check jointly payable to
Petitioner and Petitioner’s counsel, Leah VaSahnja Durant. 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