VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01444 Package ID: USCOURTS-cofc-1_21-vv-01444 Petitioner: Jennifer Jennings Filed: 2021-06-07 Decided: 2024-02-23 Vaccine: influenza Vaccination date: 2019-11-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Jennifer Jennings filed a petition for compensation under the National Vaccine Injury Compensation Program on June 7, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on November 6, 2019. Ms. Jennings claimed the injury was a Table injury and that its residual effects persisted for more than six months. The respondent denied that Ms. Jennings sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged condition, and denied that her current condition was a sequela of a vaccine-related injury. Despite these differing positions, the parties filed a joint stipulation on January 23, 2024, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision. Ms. Jennings was awarded a lump sum of $30,000.00, payable to her, representing compensation for all damages available under the Vaccine Act. The decision was finalized on February 23, 2024. Petitioner was represented by Amy Collignon Gunn of The Simon Law Firm, P.C., and respondent was represented by Camille Jordan Webster of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Jennifer Jennings filed a petition on June 7, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 6, 2019. Petitioner alleged this was a Table injury with residual effects lasting over six months. Respondent denied the SIRVA was a Table injury or caused by the vaccine. The parties filed a joint stipulation on January 23, 2024, agreeing to settle. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $30,000.00 as a lump sum. The stipulation stated that it was a compromise of liability and damages and not an admission by the respondent that the vaccine caused the alleged injury or that it was a Table injury. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner's counsel was Amy Collignon Gunn, and respondent's counsel was Camille Jordan Webster. The decision date was February 23, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01444-0 Date issued/filed: 2024-02-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/23/2024) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01444-UNJ Document 34 Filed 02/23/24 Page 1 of 7 (cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1444V JENNIFER JENNINGS, Chief Special Master Corcoran Petitioner, Filed: January 23, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy Collignon Gunn, Simon Law Firm, PC, St. Louis, MO, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 7, 2021, Jennifer Jennings 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 she suffered a shoulder injury related to vaccine administration (“SIRVA”), resulting from adverse effects of an influenza (“flu”) vaccination received on November 6, 2019. Petition at 1; Stipulation, filed at January 23, 2024, ¶¶ 1- 2. Petitioner further alleges the vaccine was administered within the United States, the residual effects of her injury persisted for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1, 3-4; Stipulation at ¶¶ 3- 5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged SIRVA, or any other injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 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. 2National 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 1:21-vv-01444-UNJ Document 34 Filed 02/23/24 Page 2 of 7 Nevertheless, on January 23, 2024, the parties filed the attached joint stipulation, 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 $30,000.00 in the form of a check payable 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.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 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 1:21-vv-01444-UNJ Document 34 Filed 02/23/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JENNIFER JENNINGS, Petitioner, V. No. 21-1444V Chief Specfal Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Jennifer Jennings ( ..p etitioner") filed a petitjon for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (1he "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § J00.3(a). 2. Petitioner received a flu vaccination on November 6, 2019. 3. The flu vaccine was administered within the United States. 4. Petitioner alleges that she sustained a TabJe shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table following administration of the vaccine. Petitioner fu rtber alleges that she experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Case 1:21-vv-01444-UNJ Document 34 Filed 02/23/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged SIRVA, or any other injw-y; and denies that petitioner's current condition is a sequela 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 oftbis Stipulation. 8. As soon as practicable after an entry ofj udgment renecting a decision consistent with the tenns ofthls Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: a lump sum of $30,000.00, in the form of a check payable 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-21(a)(J ), and an application, the parties wiU submit to funher proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and her 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- I S(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 (o ther 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 Case 1:21-vv-01444-UNJ Document 34 Filed 02/23/24 Page 5 of 7 l l . Payment made pursuant to paragraph 8 and any a,hounts 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 flu ds 12. The pa11ies and their attorneys further agree and tjpuJate that, except for any award for attorneys' fees, and litigation co:,1s, and past urire1mbursable expenses, the money provided pursuant to this Stipulation will be used solely for lbe benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 V.S.C. § 300aa-l5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on behalf of her heirs, ex&.1Jtors, administrators, successors or assigns, does forevt.T irrevocably and unconditionally release. acquit and discharge the United States and the Secretary of Health and Human Services from any and all act.ions or 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, flu vaccination adminjstered on November 6, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about June 7, 2021, in the United States Court of Federal Claims as petition No. 21-1444V. 14. If petitioner shouJd die prior to entry ofj udgment, tms agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:21-vv-01444-UNJ Document 34 Filed 02/23/24 Page 6 of 7 15. If the special master fails to issue a decision in complete confonn.ity with the tenns of this Stipulalion or if the Court of Federal Claims fails to enter judgment in confonnity with u decision that is in comp]ete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be vojdable 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 Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. 111ere is absolulely 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 compensatfon sought, is not grounds to modify or revise this agreement. J7 . This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA or any other injwy or petitioner's current condition, or that petitioner suffered 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 STIPULATJON Case 1:21-vv-01444-UNJ Document 34 Filed 02/23/24 Page 7 of 7 Respectfully submitted, PETmON ER: ATTORNEY OF RECORD FOR AUTHORIZED Rt:PRESENTA TIVE PETITIONER: OF THE AT rORNEY GENERAL: L1~ ,~lliEm'lJt~ ~ ~GUNN.ESQ. THE SIMON LAW FIRM. P.C. Deputy Director 800 Market Street Su;te 1700 Torts Branch St Louis. M.O. 63101 Civil Division (314) 241-2929 U.S. Department of Justice asunn@simonlawpc.com P.O. Box 146 Benjamin Franklin Station Washinston. DC 20044--0146 AUTHORIZED REPRESENTATIVE A'ITORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVJCES: Henry P. ==='-&$ by Mcmillan ·SS=~.: CDR GEORGE REED GRIMES, MD, MPH CAMILLEJ. WEBSTER Director. Division of Injury Trial Attorney Compensation Programs Torts Branch. Civil Division Health Systems Bureau U.S. Department of Justice Health Resour<:es and Services P.O.Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, DC 20044..0146 and Human Services Tel: (202) 307-3241 5600 Fishers Lane, 08W-2SA Camille. Webster@usdoj.gov Rockville, MD 20857 I/ I 3 / '-f Dated: 2, s ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01444-cl-extra-10736119 Date issued/filed: 2024-02-23 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269529 -------------------------------------------------------------------------------- $033&$5&% In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1444V JENNIFER JENNINGS, Chief Special Master Corcoran Petitioner, Filed: January 23, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy Collignon Gunn, Simon Law Firm, PC, St. Louis, MO, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 7, 2021, Jennifer Jennings 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 she suffered a shoulder injury related to vaccine administration (“SIRVA”), resulting from adverse effects of an influenza (“flu”) vaccination received on November 6, 2019. Petition at 1; Stipulation, filed at January 23, 2024, ¶¶ 1- 2. Petitioner further alleges the vaccine was administered within the United States, the residual effects of her injury persisted for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1, 3-4; Stipulation at ¶¶ 3- 5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged SIRVA, or any other injury; and denies that [P]etitioner’s current condition is a sequela 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). Nevertheless, on January 23, 2024, the parties filed the attached joint stipulation, 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 $30,000.00 in the form of a check payable 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.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JENNIFER JENNINGS, Petitioner, V. No. 21-1444V Chief Specfal Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Jennifer Jennings (..petitioner") filed a petitjon for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (1he "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § J00.3(a). 2. Petitioner received a flu vaccination on November 6, 2019. 3. The flu vaccine was administered within the United States. 4. Petitioner alleges that she sustained a TabJe shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table following administration of the vaccine. Petitioner furtber alleges that she experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged SIRVA, or any other injw-y; and denies that petitioner's current condition is a sequela 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 oftbis Stipulation. 8. As soon as practicable after an entry ofjudgment renecting a decision consistent with the tenns ofthls Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: a lump sum of $30,000.00, in the form of a check payable 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 ofjudgment 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-21(a)(J ), and an application, the parties wiU submit to funher proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and her 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- IS(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 l l. Payment made pursuant to paragraph 8 and any a,hounts 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 flu ds 12. The pa11ies and their attorneys further agree and tjpuJate that, except for any award for attorneys' fees, and litigation co:,1s, and past urire1mbursable expenses, the money provided pursuant to this Stipulation will be used solely for lbe benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 V.S.C. § 300aa- l5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on behalf of her heirs, ex&.1Jtors, administrators, successors or assigns, does forevt.T irrevocably and unconditionally release. acquit and discharge the United States and the Secretary of Health and Human Services from any and all act.ions or 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, flu vaccination adminjstered on November 6, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about June 7, 2021, in the United States Court of Federal Claims as petition No. 21-1444V. 14. If petitioner shouJd die prior to entry ofjudgment, tms agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 15. If the special master fails to issue a decision in complete confonn.ity with the tenns of this Stipulalion or if the Court of Federal Claims fails to enter judgment in confonnity with u decision that is in comp]ete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be vojdable 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 Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. 111ere is absolulely 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 compensatfon sought, is not grounds to modify or revise this agreement. J7. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA or any other injwy or petitioner's current condition, or that petitioner suffered 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 STIPULATJON Respectfully submitted, PETmON ER: ATTORNEY OF RECORD FOR AUTHORIZED Rt:PRESENTATIVE PETITIONER: OF THE ATrORNEY GENERAL: ~GUNN.ESQ. ,~lliEm'lJt~ ~ L1~ THE SIMON LAW FIRM. P.C. Deputy Director 800 Market Street Su;te 1700 Torts Branch St Louis. M.O. 63101 Civil Division (314) 241-2929 U.S. Department of Justice asunn@simonlawpc.com P.O. Box 146 Benjamin Franklin Station Washinston. DC 20044--0146 AUTHORIZED REPRESENTATIVE A'ITORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVJCES: Henry P. ==='-&$ by Mcmillan ·SS=~.: CDR GEORGE REED GRIMES, MD, MPH CAMILLEJ. WEBSTER Director. Division of Injury Trial Attorney Compensation Programs Torts Branch. Civil Division Health Systems Bureau U.S. Department of Justice Health Resour<:es and Services P.O.Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, DC 20044..0146 and Human Services Tel: (202) 307-3241 5600 Fishers Lane, 08W-2SA Camille.Webster@usdoj.gov Rockville, MD 20857 Dated: I/ I 3 / 2, '-f s ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01444-cl-extra-10734475 Date issued/filed: 2024-08-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267885 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1444V JENNIFER JENNINGS, Chief Special Master Corcoran Petitioner, v. Filed: July 18, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy Collignon Gunn, Simon Law Firm, PC, St. Louis, MO, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On June 7, 2021, Jennifer Jennings 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 she suffered a shoulder injury related to vaccine administration resulting from adverse effects of an influenza vaccination received on November 6, 2019. Petition, ECF No. 1. On January 23, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 33. 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 motion for attorney’s fees and costs, requesting an award of $7,404.52 (representing $6,670.00 in fees plus $734.52 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed April 3, 2024, ECF No. 36. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. Id. Respondent reacted to the motion on April 4, 2024, reporting that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 37. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. Petitioner has requested the hourly rate of $400 for all time billed by attorney Amy Collignon Gunn in the 2020-24 timeframe. In my experience, the request appears reasonable overall, and I find no cause to reduce the requested hours or rates. Respondent offered no specific objection to the rates or amounts sought. I have also reviewed the requested costs, but find that Petitioner’s counsel has not substantiated them with the required supporting documentation, such as an invoice or proof of payment. See ECF No. 36-1. I will nevertheless reimburse these costs in full, since the amount requested is not particularly large. But Petitioner’s counsel should be aware that any future requests for costs may result in a curtailed (or denied) award for failure to include the required supporting documentation. See Guidelines for Practice Under the National Vaccine Injury Compensation Program at 75-78 (emphasis added). 3 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 $7,404.52 (representing $6,670.00 in fees plus $734.52 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Amy Collignon Gunn. 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. 4 3 The guidelines f or Practice Under the National Vaccine Injury Compensation Program can be f ound at: https://www.uscfc.uscourts.gov/sites/default/files/vaccine guidelines 20240318.pdf 4 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. 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3