VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01867 Package ID: USCOURTS-cofc-1_21-vv-01867 Petitioner: Melvin Price Filed: 2021-09-17 Decided: 2024-01-02 Vaccine: influenza Vaccination date: 2018-10-01 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 14000 AI-assisted case summary: Melvin Price filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2021. He alleged that he received an influenza vaccine on October 1, 2018, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA), experiencing residual effects for more than six months. The respondent denied that Mr. Price sustained a SIRVA Table injury, that the vaccine caused his alleged shoulder injury or any other injury, or that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 29, 2023, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Mr. Price was awarded $14,000.00 as a lump sum, payable by check, representing compensation for all damages available under the program. This amount was a compromise of the parties' respective positions on liability and damages. The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Jeffrey Gordon of Maney & Gordon, P.A., and respondent was represented by James Vincent Lopez of the U.S. Department of Justice. Theory of causation field: Petitioner Melvin Price alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 1, 2018, with residual effects lasting over six months. Respondent denied a SIRVA Table injury, causation, or sequela. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $14,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence presented. The award represents a compromise of liability and damages. Petitioner's counsel was Jeffrey Gordon, and respondent's counsel was James Vincent Lopez. The decision date was January 2, 2024, based on a stipulation filed November 29, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01867-0 Date issued/filed: 2024-01-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/29/2023) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01867-UNJ Document 36 Filed 01/02/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1867V MELVIN PRICE, Chief Special Master Corcoran Petitioner, v. Filed: November 29, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey Gordon, Maney & Gordon, P.A., Tampa, FL, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 17, 2021, Melvin Price 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on October 1, 2018. Petition at 1; Stipulation, filed at November 29, 2023, ¶¶ 1-4. Petitioner further alleges that he experienced the residual effects of this condition for more than six months. Petition at 3; Stipulation at ¶ 4. Respondent denies “that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on November 29, 2023, 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. 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-01867-UNJ Document 36 Filed 01/02/24 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $14,000.00, 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-01867-UNJ Document 36 Filed 01/02/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MEL VIN PRICE, Petitioner, No. 21-1867V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERV ICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Melvin Price (''petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 LJ.S.C. § 300aa-J0 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu'') vaccine, which is contained in the Vaccine Injury Table (the ..T able"), 42 C.F.R. § 100.J(a) 2. Petitioner received the flu vaccine on October 1, 2018, in his right arm. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration {"SIRVA") within the time period set forth in the Table. He further alleges that he 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 his behalf as a result of his alleged injury. Case 1:21-vv-01867-UNJ Document 36 Filed 01/02/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that his 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 of this Stipulation. 8. As soon as practicable after an entry of judgment renecting a decision consistent with the terms oft his Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)(]), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $14,000.00 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-2 I (a)( I), 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. I 0. Petitioner and his 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-l 5(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 Case 1:21-vv-01867-UNJ Document 36 Filed 01/02/24 Page 5 of 7 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-1 S(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipu]atc that, except for any award for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of4 2 U.S.C. § 300aa-1 S(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-1 S(g) and (h). I 3. ln return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, ellecutors, administrators, successors or assigns, docs 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-J0 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 October I, 2018, as alleged in a petition for vaccine compensation filed on or about September 17, 2021, in the United States Court of Federal Claims as petition No. 21-1867V. 14. If petitioner should die priorto entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:21-vv-01867-UNJ Document 36 Filed 01/02/24 Page 6 of 7 15. lf 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 confonnity 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. I 7. 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 injury or any other injury or his current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally lo petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:21-vv-01867-UNJ Document 36 Filed 01/02/24 Page 7 of 7 Respectfully submitted, ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTATIVE PETITIONER: OF THE AT IORNEY GENERAL: ·H1At~tt£~ JEjt GORDON IO I East Kennedy Boulevard, Suite 3170 Deputy Director Tampa, Florida 3360S Torts Branch Tel: (813) 221-1366 Civil Division Email: j.gordon@maneygordon.com U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Henry P. lllgb.,.~~odbyHonryP --ss by Mcmillan -S5 Di11.,2on,o. .. .,. ....f f_ CDR GEORGE REED GRIMES, MD, MPH Director, Division oflnjury Compensation Programs orts B • Civil Division Health Systems Bureau U.S. Depanment of Justice Health Resources and Services P.O. Box 146 Adm in istrat ion Benjamin Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services Tel: (202) 616-36S5 5600 Fishers Lane, 08W-25A Email: james.1opez@usdoj.gov Rockville, MD 20857 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01867-cl-extra-10736601 Date issued/filed: 2024-01-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270011 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1867V MELVIN PRICE, Chief Special Master Corcoran Petitioner, v. Filed: November 29, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey Gordon, Maney & Gordon, P.A., Tampa, FL, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 17, 2021, Melvin Price 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on October 1, 2018. Petition at 1; Stipulation, filed at November 29, 2023, ¶¶ 1-4. Petitioner further alleges that he experienced the residual effects of this condition for more than six months. Petition at 3; Stipulation at ¶ 4. Respondent denies “that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on November 29, 2023, 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. 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). Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $14,000.00, 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 MELVIN PRICE, Petitioner, No. 21-1867V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Melvin Price (''petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 LJ.S.C. § 300aa-J0 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu'') vaccine, which is contained in the Vaccine Injury Table (the ..Table"), 42 C.F.R. § 100.J(a) 2. Petitioner received the flu vaccine on October 1, 2018, in his right arm. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration {"SIRVA") within the time period set forth in the Table. He further alleges that he 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 his behalf as a result of his alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that his 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 of this Stipulation. 8. As soon as practicable after an entry of judgment renecting 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-2 l (a)(]), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $14,000.00 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-2 I (a)( I), 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. I 0. Petitioner and his 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-l 5(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 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-1 S(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipu]atc that, except for any award for attorney's fees and litigation costs, and past unreimbursable 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-1 S(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-1 S(g) and (h). I 3. ln return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, ellecutors, administrators, successors or assigns, docs 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-J0 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 October I, 2018, as alleged in a petition for vaccine compensation filed on or about September 17, 2021, in the United States Court of Federal Claims as petition No. 21-1867V. 14. If petitioner should die priorto entry ofjudgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 15. lf 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 confonnity 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. I7. 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 injury or any other injury or his current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally lo petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Respectfully submitted, ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTATIVE PETITIONER: OF THE ATIORNEY GENERAL: JEjt GORDON ·H 1At~tt£~ IO I East Kennedy Boulevard, Suite 3170 Deputy Director Tampa, Florida 3360S Torts Branch Tel: (813) 221-1366 Civil Division Email: j.gordon@maneygordon.com U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Henry P. lllgb.,.~~odbyHonryP --ss by Mcmillan -S5 Di11.,2on,o... .,.....f f _ CDR GEORGE REED GRIMES, MD, MPH Director, Division oflnjury Compensation Programs orts B • Civil Division Health Systems Bureau U.S. Depanment of Justice Health Resources and Services P.O. Box 146 Adm in istrat ion Benjamin Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services Tel: (202) 616-36S5 5600 Fishers Lane, 08W-25A Email: james.1opez@usdoj.gov Rockville, MD 20857 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01867-cl-extra-10734036 Date issued/filed: 2024-10-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267446 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1867V MELVIN PRICE, Chief Special Master Corcoran Petitioner, v. Filed: September 9, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey Gordon, Maney & Gordon, P.A., Tampa, FL, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 17, 2021, Melvin Price, 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 he suffered a shoulder injury related to vaccine administration as a result of an influenza vaccine received on October 1, 2018. Petition, ECF No. 1. On November 29, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 35. 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 $24,567.19 (representing $23,767.50 in fees plus $799.69 in costs). Application for Attorney’s Fees and Costs (“Motion”) filed April 3, 2024, ECF No. 40. Furthermore, Petitioner filed a signed statement representing that he incurred no out-of-pocket expenses. Motion at 27. Respondent reacted to the motion on April 3, 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, ECF No. 41. 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 & Hum. 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 & Hum. 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 & Hum. 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 & Hum. 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 & Hum. 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 hourly rate of $500.00 for all work performed by attorneys Jeffrey Gordon and Steven Zaloudek for the 2020-24 timeframe. I find the requested rate to be excessive, however. Mr. Gordon has not received an hourly rate increase in the Vaccine Program since 2019, at which time he was awarded the lesser sum of $390 per hour for that year. As a result, awarding him $500.00 per hour for 2020 would amount to a more than $100.00 increase. Similarly, Mr. Zaloudek’s last established rate in any Program case was also $390 per hour – but for time billed in 2020. See Harvard v. Sec’y of Health & Hum. Servs., No. 18-1120V, Slip Op. 59 (Fed. Cl. Spec. Mstr. July 20, 2020). Even allowing for increases each year since, the additional sums requested for subsequent years are inordinately large. Additionally, this is only the relevant attorneys’ third case representing petitioners in the Vaccine Program – a factor highly relevant to what general rate is merited. See McCulloch v. Health and Human Services, No. 09– 293V, 2015 WL 5634323, at *17 (Fed. Cl. Spec. Mstr. Sept. 1, 2015) (stating the following factors are paramount in deciding a reasonable forum hourly rate: experience in the Vaccine Program, overall legal experience, the quality of work performed, and the reputation in the legal community and community at large). Accordingly, and based on my experience applying the factors pertaining to determining proper hourly rates for Program attorneys, I hereby award Mr. Gordon the hourly rate of $420.00 for 2020, and then $470.00 for all time billed in the 2021-24 timeframe. For Mr. Zaloudek, I hereby award the hourly rate of $414 for 2021, and $464.00 for all time billed in the 2022-24 timeframe. Application of the foregoing reduces the amount of fees to be awarded by $2,491.00. 3 ATTORNEY COSTS Petitioner requests $799.69 in overall costs. ECF No. 40 at 19-27. Such costs reflect the expense of obtaining medical records and the Court’s filing fee. I have reviewed the requested costs and find the majority of them to be reasonable, with the exception of 3 This amount is calculated as: ($500 - $470 = $30 x 0.20 hrs.) + ($500 - $414 = $86 x 22.70 hrs.) + ($500 - $464 = $36 x 14.80 hrs. = $532.80) = $2,491.00 3 $78.85 in requested costs that have not been substantiated by any supporting documentation, such as an invoice or proof of payment. Id. When Petitioners fail to provide appropriate documentation to substantiate a requested cost, special masters have refrained from awarding the relevant sum. See, e.g., Gardner-Cook v. Sec’y of Health & Hum. Servs., No. 99-480V, 2005 WL 6122520, at *4 (Fed. Cl. Spec. Mstr. June 30, 2005). Thus, I hereby reduce the requested costs by $78.85. 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 $21,997.34 (representing $21,276.50 in fees plus $720.84 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Jeffrey Gordon. In the absenc e 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 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 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. 4