VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01969
Package ID: USCOURTS-cofc-1_21-vv-01969
Petitioner: Raeanne Richter
Filed: 2021-10-06
Decided: 2024-06-14
Vaccine: influenza
Vaccination date: 2018-10-11
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Raeanne Richter filed a petition for vaccine compensation on October 6, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 11, 2018. She further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that Ms. Richter satisfied the forty-eight hour onset requirement and denied that the flu vaccine caused her alleged left shoulder injury or any other condition. Despite these disagreements, the parties filed a joint stipulation agreeing to settle the case and award compensation. The decision adopts the stipulation as its decision awarding damages. Ms. Richter is awarded a lump sum of $30,000.00, which represents compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table for influenza vaccines. The stipulation also addresses future proceedings for attorneys' fees and costs. The parties released all claims related to the alleged injury in exchange for the agreed-upon compensation.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-01969-0
Date issued/filed: 2024-06-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/09/2024) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-01969-UNJ Document 42 Filed 06/14/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1969V
RAEANNE RICHTER, Chief Special Master Corcoran
Petitioner, Filed: May 9, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 6, 2021, Raeanne Richter 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”) following an influenza vaccination she received on October 11,
2018. Petition at ¶¶ 1-2; Stipulation, filed at May 8, 2024, ¶¶ 2, 4. Petitioner further alleges
that she suffered the residual effects of her vaccine injury for more than six months.
Petition at ¶¶ 3; Stipulation at ¶¶ 4. Respondent denies “that Petitioner satisfied the forty-
eight hour onset requirement and further denies that the flu vaccine caused Petitioner’s
alleged left shoulder injury, any other injury, or her current condition.” Stipulation at ¶ 6.
Nevertheless, on May 8, 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.
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-01969-UNJ Document 42 Filed 06/14/24 Page 2 of 7
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-01969-UNJ Document 42 Filed 06/14/24 Page 3 of 7
3Jn tbe Wniteb ~tates <!Court of jfe beral <!Claims
OFFICE OF SPECIAL MASTERS
RAEANNE RICHTER,
Petitioner,
Case No. 21-1969V (ECF)
V. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Raeanne Richter, 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 the influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on October 11, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a left shoulder injury related to vaccine
administration ("SIRVA") within the Table time period after receiving the flu vaccine, and
alleges that she experienced the residual effects of this injury 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 alleged injuries.

Case 1:21-vv-01969-UNJ Document 42 Filed 06/14/24 Page 4 of 7
6. Respondent denies that petitioner satisfied the forty-eight hour onset requirement
and further denies that the flu vaccine caused petitioner's alleged left shoulder injury, any other
injury, or her current condition.
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)(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 of judgment 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)(l), 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 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-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, Federal or
State health benefits programs ( other than Title XIX of the Social Security Act
(42 U.S.C. § 1396 et seq.)), orby entities that provide health services on a pre-paid basis.
2

Case 1:21-vv-01969-UNJ Document 42 Filed 06/14/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation 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 attorneys' 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-l 5(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, 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 October 11, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about October 6, 2021, in
the United States Court of Federal Claims as petition No. 21-1969V.
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.
3

Case 1:21-vv-01969-UNJ Document 42 Filed 06/14/24 Page 6 of 7
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 left
shoulder injury or any other injury or her current condition.
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-01969-UNJ Document 42 Filed 06/14/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
\..,4d-£~'4-P e ~
KA TI-ILEEN M. LOUCKS HEATHER L. PEARLMAN
Counsel for Petitioner Deputy Director
Lommen Abdo, P.A. Torts Branch, Civil Division
920 Second Ave. S., Suite 1000 U.S. Department of Justice
Minneapolis, MN 55402 P.O. Box 146
kloucks@lommen.com Benjamin Franklin Station
( 612) 336-9348 Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTONEY OF RECORD FOR
OF THE SECRET ARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
.·
DigitallysignedbyGeorgeR.
-s Grimes-S14
14
Date: 2024.04.28 08:36:51 ·04'00'
CDR GEORGE REED GRIMES, MD, MPH MARK K. HELLIE
Director, Division oflnjury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and P.O. Box 146
Services Administration Benjamin Franklin Station
U.S. Department of Health and Washington, DC 20044-0146
Human Services mark.hellie@usdoj.gov
5600 Fishers Lane,08W-25A (202) 616-4208
Rockville, MD 20857
s-i_ .
20 2-'-/
Dated:
5

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-01969-cl-extra-10735023
Date issued/filed: 2024-06-14
Pages: 1
Docket text: Supplementary opinion from CourtListener cluster 10268433
--------------------------------------------------------------------------------
  In the United States Court of Federal Claims
                                 OFFICE OF SPECIAL MASTERS
                                         No. 21-1969V


 RAEANNE RICHTER,                                            Chief Special Master Corcoran

                         Petitioner,                         Filed: May 9, 2024
 v.

 SECRETARY OF HEALTH AND
 HUMAN SERVICES,

                        Respondent.


Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.

Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.

                               DECISION ON JOINT STIPULATION 1

       On October 6, 2021, Raeanne Richter 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”) following an influenza vaccination she received on October 11,
2018. Petition at ¶¶ 1-2; Stipulation, filed at May 8, 2024, ¶¶ 2, 4. Petitioner further alleges
that she suffered the residual effects of her vaccine injury for more than six months.
Petition at ¶¶ 3; Stipulation at ¶¶ 4. Respondent denies “that Petitioner satisfied the forty-
eight hour onset requirement and further denies that the flu vaccine caused Petitioner’s
alleged left shoulder injury, any other injury, or her current condition.” Stipulation at ¶ 6.

      Nevertheless, on May 8, 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.



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 $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
             3Jn tbe Wniteb ~tates <!Court of jfeberal <!Claims
                               OFFICE OF SPECIAL MASTERS


  RAEANNE RICHTER,

                         Petitioner,
                                                              Case No. 21-1969V (ECF)
  V.                                                          CHIEF SPECIAL MASTER
                                                              CORCORAN
  SECRETARY OF HEALTH
  AND HUMAN SERVICES,

                         Respondent.


                                           STIPULATION

        The parties hereby stipulate to the following matters:

        1.      Raeanne Richter, 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 the influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the

"Table"), 42 C.F.R. § 100.3(a).

        2.      Petitioner received the flu vaccine on October 11, 2018.

        3.      The vaccination was administered within the United States.

        4.      Petitioner alleges that she sustained a left shoulder injury related to vaccine

administration ("SIRVA") within the Table time period after receiving the flu vaccine, and

alleges that she experienced the residual effects of this injury 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 alleged injuries .
         6.     Respondent denies that petitioner satisfied the forty-eight hour onset requirement

 and further denies that the flu vaccine caused petitioner's alleged left shoulder injury, any other

 injury, or her current condition.

         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)(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 of judgment 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)(l), 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 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-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, Federal or

State health benefits programs (other than Title XIX of the Social Security Act

(42 U.S .C. § 1396 et seq.)), orby entities that provide health services on a pre-paid basis.



                                                  2
        11 .    Payment made pursuant to paragraph 8 of this Stipulation 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 attorneys' 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- l 5(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, 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 October 11, 2018, as

alleged by petitioner in a petition for vaccine compensation filed on or about October 6, 2021, in

the United States Court of Federal Claims as petition No. 21-1969V.

        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.




                                                    3
         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 left

shoulder injury or any other injury or her current condition.

        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,

 PETITIONER:




ATTORNEY OF RECORD FOR                                      AUTHORIED REPRESENTATIVE
PETITIONER:                                                 OF THE ATTORNEY GENERAL:

                                                            \..,4d-£~'4-P e ~
KA TI-ILEEN M. LOUCKS                                       HEATHER L. PEARLMAN
Counsel for Petitioner                                      Deputy Director
Lommen Abdo, P.A.                                           Torts Branch, Civil Division
920 Second Ave. S., Suite 1000                              U.S. Department of Justice
Minneapolis, MN 55402                                       P.O. Box 146
kloucks@lommen.com                                          Benjamin Franklin Station
(612) 336-9348                                              Washington, DC 20044-0146


AUTHORIZED REPRESENTATIVE                                   ATTONEY OF RECORD FOR
OF THE SECRET ARY OF HEALTH                                 RESPONDENT:
AND HUMAN SERVICES:
 George R. Grimes Digitallys ignedby George R.
                .· Grimes-S 14
 -s 14             Date: 2024.04.28 08:36:5 1 ·04'00'


CDR GEORGE REED GRIMES, MD, MPH                             MARK K. HELLIE
Director, Division oflnjury                                 Trial Attorney
  Compensation Programs                                     Torts Branch, Civil Division
Health Systems Bureau                                       U.S. Department of Justice
Health Resources and                                        P.O. Box 146
  Services Administration                                   Benjamin Franklin Station
U.S . Department of Health and                              Washington, DC 20044-0146
  Human Services                                            mark.hellie@usdoj .gov
5600 Fishers Lane,08W-25A                                   (202) 616-4208
Rockville, MD 20 857



Dated:   s-i _. 20 2-'-/


                                                        5


================================================================================
DOCUMENT 3: USCOURTS-cofc-1_21-vv-01969-cl-extra-10751736
Date issued/filed: 2024-11-27
Pages: 1
Docket text: Supplementary opinion from CourtListener cluster 10285148
--------------------------------------------------------------------------------
    In the United States Court of Federal Claims
                                  OFFICE OF SPECIAL MASTERS
                                          No. 21-1969V


    RAEANNE RICHTER,
                                                              Chief Special Master Corcoran
                         Petitioner,
    v.                                                        Filed: October 28, 2024


    SECRETARY OF HEALTH AND
    HUMAN SERVICES,

                        Respondent.


Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.

Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.

                      DECISION ON ATTORNEY’S FEES AND COSTS 1

        On October 6, 2021, Raeanne Richter 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 following an influenza vaccination she received on October 11, 2018.
Petition, ECF No. 1. On May 9, 2024, I issued a decision awarding compensation to
Petitioner based on the parties’ stipulation. ECF No. 38.




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 $20,503.36 (representing $19,042.00 in fees plus $1,461.36 in costs). Application for
Fees and Costs (“Motion”) filed June 27, 2024, ECF No. 43. Furthermore, Petitioner filed
a signed statement representing that Petitioner incurred no personal out-of-pocket
expenses. ECF No. 44.

       Respondent reacted to the motion on July 11, 2024, reporting 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. 45. Petitioner did not file a reply thereafter.

       I have reviewed the billing records submitted with Petitioner’s request. The rates
requested for work performed through the end of 2023 are reasonable and consistent
with our prior determinations and will therefore be adopted. Petitioner has also requested
the hourly rate of $475 for 2024 work performed by attorney Kathleen Loucks,
representing a rate increase of $25 from the previous year; and the hourly rate of $175
for paralegal work performed in 2024. I find the requested rates to be reasonable and
hereby award them herein. And all time billed to the matter was also reasonably incurred.

       Furthermore, Petitioner has provided supporting documentation for all claimed
costs. ECF No. 46. Respondent offered no specific objection to the rates or amounts
sought. I find the requested costs reasonable and hereby award them in full.

       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 $20,503.36 (representing $19,042.00 in fees
plus $1,461.36 in costs) as a lump sum in the form of a check jointly payable to
Petitioner and Petitioner’s counsel, Kathleen M. Loucks. In the absence of a timely-
filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall
enter judgment in accordance with this Decision. 3

IT IS SO ORDERED.

                                                      s/Brian H. Corcoran
                                                      Brian H. Corcoran
                                                      Chief Special Master



3
  Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice
renouncing their right to seek review.
                                                  2