VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01834 Package ID: USCOURTS-cofc-1_21-vv-01834 Petitioner: Elizabeth Schafer Filed: 2021-09-10 Decided: 2024-10-09 Vaccine: influenza Vaccination date: 2019-09-27 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Elizabeth Schafer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 27, 2019. She claimed this was a Table injury and that she experienced residual effects for more than six months, with no prior award or settlement. The respondent denied that Ms. Schafer sustained a SIRVA Table injury or that the flu vaccine caused her alleged injury. Despite these differing positions, the parties reached a joint stipulation to settle the case. Pursuant to the stipulation, Chief Special Master Corcoran awarded Ms. Schafer a lump sum of $20,000.00 as compensation for all damages available under the Vaccine Act. The decision was entered on October 9, 2024, based on the joint stipulation filed on September 3, 2024. The petition was originally filed on September 10, 2021. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01834-0 Date issued/filed: 2024-10-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/04/2024) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01834-UNJ Document 46 Filed 10/09/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1834V ELIZABETH SCHAFER, Chief Special Master Corcoran Petitioner, Filed: September 4, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Benjamin Paul Kates, Pleban & Associates Law LLC, St. Louis, MO, for Petitioner. Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 10, 2021, Elizabeth Schafer 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”), a Table injury, resulting from an influenza (“flu”) vaccine she received on September 27, 2019. Pet., ECF No. 1. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of her condition. Id. 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 sequelae of a vaccine-related injury.” Stipulation at 2, ECF No. 41. 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). Case 1:21-vv-01834-UNJ Document 46 Filed 10/09/24 Page 2 of 7 Nevertheless, on September 3, 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 $20,000.00 in the form of a check payable to Petitioner. Stipulation at 2. 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-01834-UNJ Document 46 Filed 10/09/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ELIZABETH SCHAFER, Petitioner, No. 21-1834V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Elizabeth Schafer (“petitioner”) filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “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. § 100.3(a). 2. Petitioner received a flu vaccine on September 27, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner sustained a right Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that petitioner 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 petitioner’s behalf as a result of the alleged injury. 1 Case 1:21-vv-01834-UNJ Document 46 Filed 10/09/24 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 injury; and denies that petitioner’s current condition is a sequelae 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 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $20,000.00 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 of judgment 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)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition. 10. Petitioner and petitioner’s 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-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, 2 Case 1:21-vv-01834-UNJ Document 46 Filed 10/09/24 Page 5 of 7 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. 11. Payment made pursuant to paragraph 8 and any amounts 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 funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney’s fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner’s individual capacity, and on behalf of petitioner’s heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions 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, the flu vaccination administered on September 27, 2019, as alleged in a petition for vaccine compensation filed on or about September 10, 2021, in the United States Court of Federal Claims as petition No. 21-1834V. 3 Case 1:21-vv-01834-UNJ Document 46 Filed 10/09/24 Page 6 of 7 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties’ settlement and this Stipulation shall be voidable 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. There is absolutely 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 compensation sought, is not grounds to modify or revise this agreement. 17. 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 injury 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 STIPULATION / / / / 4 Case 1:21-vv-01834-UNJ Document 46 Filed 10/09/24 Page 7 of 7 Respectfully submitted, PETJT.lONtm.: ~ t ' .b~o/'- 0 ELIZ' ETHSCHAFER ATTORNJl!Y OF RE OlU) FOR AUTHORIZED RRPRESENTATIVE PETITIONER: OF 'ffIE ATTORNEY GENERA ,: 21.d ~iii:- ... ~ BEN MTN PAUL KATES Pleban & Associates Lnw LLC Deputy Dfrecto1· 2010 S. Big Bend Blvd. Torts Branch , t, Louis, MO 63117 ivil Division Tel: (314) 645-6666 U.S. JJcpurtmcnt of Justice bk11tcs@pll;lbnnl11.w.uom P.O. Box 146 Benjamin Frnnklin Stntion Wn sb i ngton, DC 20044-0 146 AUTHORIZED REPR.ILSENTATIVE ATTORNEY o· RECORD 1roR i OF THE SILCRETARY 0. HEALTH RESPONDENT: i ANO IUMAN SERVICES: Jeffrey S ADlgllnlly signed by • Jerfrey s. llm1ch •S Beacll S .. -~ :201.4,00,06 for ___-_ __,_1 , 13:07:4G ·0~'00' CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injul'y Tl'ial Attorney Compensation Pi·ogrnms Torts Brunch, Civil Divis[on Health Systems Bureau U.S. Department of Justice Health Resoul'ces and Services P.O. Box '146 Administmtion Benjamin Fronlclin, tati(rn U.S. Dep111t1nent of:' Health Washington, lJ 2.0044-0146 and Humnn Sel'vices Tel: (202) 6l6·5022 5600 Fishei-s Lan0, 08W-25A Mary.E.Holmes@usdoj.gov Rock.vllle, MD 20857 _3_,_z_. o_2._'f_ Dnted: _ r.._, _ 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01834-cl-extra-10734032 Date issued/filed: 2024-10-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267442 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1834V ELIZABETH SCHAFER, Chief Special Master Corcoran Petitioner, Filed: September 4, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Benjamin Paul Kates, Pleban & Associates Law LLC, St. Louis, MO, for Petitioner. Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On September 10, 2021, Elizabeth Schafer 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”), a Table injury, resulting from an influenza (“flu”) vaccine she received on September 27, 2019. Pet., ECF No. 1. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of her condition. Id. 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 sequelae of a vaccine-related injury.” Stipulation at 2, ECF No. 41. 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 September 3, 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 $20,000.00 in the form of a check payable to Petitioner. Stipulation at 2. 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 ELIZABETH SCHAFER, Petitioner, No. 21-1834V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Elizabeth Schafer (“petitioner”) filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “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. § 100.3(a). 2. Petitioner received a flu vaccine on September 27, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner sustained a right Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that petitioner 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 petitioner’s behalf as a result of the alleged injury. 1 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged SIRVA, or any other injury; and denies that petitioner’s current condition is a sequelae 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 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $20,000.00 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 of judgment 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)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition. 10. Petitioner and petitioner’s 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-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, 2 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. 11. Payment made pursuant to paragraph 8 and any amounts 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 funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney’s fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner’s individual capacity, and on behalf of petitioner’s heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions 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, the flu vaccination administered on September 27, 2019, as alleged in a petition for vaccine compensation filed on or about September 10, 2021, in the United States Court of Federal Claims as petition No. 21-1834V. 3 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties’ settlement and this Stipulation shall be voidable 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. There is absolutely 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 compensation sought, is not grounds to modify or revise this agreement. 17. 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 injury 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 STIPULATION / / / / 4 Respectfully submitted, PETJT.lONtm.: ~ t ' .b~o ELIZ' ETHSCHAFER 0 /'- ATTORNJl!Y OF RE OlU) FOR AUTHORIZED RRPRESENTATIVE PETITIONER: OF 'ffIE ATTORNEY GENERA ,: ~iii:- ... ~ 21.d BEN MTN PAUL KATES Pleban & Associates Lnw LLC Deputy Dfrecto1· 2010 S. Big Bend Blvd. Torts Branch , t, Louis, MO 6311 7 ivil Division Tel: (314) 645-6666 U.S . JJcpurtmcnt of Justice bk11tcs@pll;lbnnl11.w.uom P.O. Box 146 Benjamin Frnnklin Stntion Wnsb ington, DC 20044-0 146 AUTHORIZED REPR.ILSENTATIVE ATTORNEY o·i RECORD 1roR OF THE SILCRETARY 0 . i HEALTH RESPONDENT: ANO IUMAN SERVICES : Jeffrey S • ADlgl lnlly signed by Jerfrey s. llm1ch •S Beac ll S .. -~ :201.4,00,06 _ _ _-___,_1 , 13:07:4G ·0~'00' for CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injul'y Tl'ial Attorney Compensation Pi·ogrnms Torts Brunch, Civil Divis[on Health Systems Bureau U.S. Department of Justice Health Resoul'ces and Services P.O. Box '146 Administmti on Benjamin Fronlcl in , tati(rn U.S. Dep111t1nent of:' Health Washington, lJ 2.0044-0146 and Humnn Sel'vices Tel: (202) 6l6·5022 5600 Fishei-s Lan0, 08W-25A Mary.E.Holmes@usdoj .gov Rock.vllle, MD 20857 , _ Dnted: _ r..__ 3_,_z_.o_ 2._'f_ 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01834-cl-extra-11126751 Date issued/filed: 2025-08-25 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10660164 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1834V ELIZABETH SCHAFER, Chief Special Master Corcoran Petitioner, v. Filed: July 24, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Benjamin Paul Kates, Pleban & Associates Law LLC, St. Louis, MO, for Petitioner. Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 10, 2021, Elizabeth Schafer 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 a Table injury, resulting from an influenza vaccine she received on September 27, 2019. Petition, ECF No. 1. On September 4, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 42. 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 $38,883.50 (representing $37,040.50 in fees plus $1,843.00 in costs). Application for Fees and Costs (“Motion”) filed February 25, 2025. ECF No. 47. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 47-4. Respondent reacted to the motion on February 28, 2025, reporting that he is satisfied 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, ECF No. 48. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s requests and find a reduction in the amount of fees to be awarded appropriate, for the reason listed below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private 2 practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES Petitioner requests that I endorse the following hourly rates for work performed by attorney Benjamin Kates: $375.00 for 2020; $400.00 for 2021-22; $450.00 for 2023; and $475.00 for 2024. Petitioner has also requested that I endorse the following rates for attorney Jonathan Pleban: $375.00 for 2019; $390.00 for 2020; $450 for 2022; and $480.00 for 2023. These rates require further evaluation and adjustment. Attorney Kates was previously awarded the lesser rates of $337.00 per hour for work performed in 2020, and $365.00 per hour for work performed in 2021. See Fontana v. Sec’y of Health & Hum. Servs., No. 20-0265, Slip Op. 62 (Fed. Cl. Spec. Mstr. February 7, 2023). I find no reason to deviate from such reasoned determination and it otherwise is not the practice of OSM to adjust prior rate determinations upward in later cases. See Jefferson v. Sec’y of Health & Hum. Servs., No. 19-1882V, 2023 WL 387051 (Fed. Cl. Spec. Mstr. Jan. 9, 2023). Accordingly, I hereby reduce attorney Kates’s rates for work performed in the 2020-21 timeframe to be consistent with the rates previously awarded to him in the aforementioned decision. Application of the foregoing reduces the amount of fees to be awarded by $1,365.80. 3 However, I find the proposed rates of $450.00 for 2023 ,and $475.00 for 2024, to be reasonable. Although the proposed rates for Mr. Pleban’s work fall within the relevant experience ranges provided in OSM’s Fee Schedules for similarly-situated attorneys 4, his specifically-requested rates are excessive. It also appears that Mr. Pleban has yet to receive established hourly rates in the Program for years 2018 and 2021. Thus, based on my experience applying the factors relevant to determining proper hourly rates for Program attorneys, 5 I find the following hourly rates to be more appropriate for Mr. Pleban’s work: $325.00 for 2018; $330.00 for 2019; $335.00 for 2020; $355.00 for 2021; $375.00 for 2022; and $400.00 for 2023. These rates reflect a more modest increase 3 This amount consists of reducing Benjamin Kates hourly rates for years 2020-21 only and is calculated as f ollows: ($375.00 - $337 = $38.00 x 9.60 hours billed) + ($400.00 - $365.00 = $35.00 x 28.60 hours billed) = $1,365.80 in f ees to be reduced. 4 The Attorneys’ Fee Schedule is available at https://www.uscfc.uscourts.gov/osm-attorneys-forum-hourly- rate-f ee-schedules 5 See McCulloch v. Health and Human Services, No. 09–293V, 2015 WL 5634323 at *17 (Fed. Cl. Spec. Mstr. Sept. 1, 2015). 3 and place Mr. Pleban in the appropriate experience ranges based on the OSM Fee Schedules. Application of the foregoing reduces the amount to be awarded herein by $344.25. 6 All other time billed to the matter shall be awarded. ATTORNEY’S COSTS Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 47-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. CONCLUSION The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT, in part, Petitioner’s Motion for attorney’s fees and costs. I award a total of $37,173.45 (representing $35,330.45 in fees plus $1,843.00 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. 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. 7 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 6 This amount consists of reducing Jonathan Pleban’s hourly rates for years 2019-23 and is calculated as f ollows: ($375.00 - $330.00 = $45.00 x 3.00 hours billed) + ($390.00 – $335.00 = $55.00 x 3.25 hours billed) + ($450.00 - $375.00 = $75.00 x 0.30 hours billed) + ($480.00 - $400.00 = $80.00 x 0.10 hours billed) = $344.25 in f ees to be reduced. 7 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. 4