VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02198
Package ID: USCOURTS-cofc-1_21-vv-02198
Petitioner: Shannon Lynne Brodeur
Filed: 2021-11-22
Decided: 2024-05-03
Vaccine: influenza
Vaccination date: 2020-11-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Shannon Lynne Brodeur filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 24, 2020. She claimed the injury resulted in residual effects lasting more than six months. Respondent denied that the flu vaccine caused her injury and contested the forty-eight hour onset requirement. Despite these disagreements, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Shannon Lynne Brodeur a lump sum of $30,000.00. This amount is intended to cover all damages available under the Vaccine Act. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The decision was issued on May 3, 2024, following the stipulation filed on April 1, 2024.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-02198-0
Date issued/filed: 2024-05-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/02/2024) regarding 60 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-02198-UNJ Document 64 Filed 05/03/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2198V
SHANNON LYNNE BRODEUR, Chief Special Master Corcoran
Petitioner, Filed: April 2, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott William Rooney, Nemes, Rooney, P.C., Farmington Hills, MI, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 22, 2021, Shannon Lynne Brodeur filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). On December 20, 2022, Petitioner filed an amended petition.
Petitioner alleges that she suffered shoulder injury related to vaccine administration
(“SIRVA”) resulting from an influenza (“flu”) vaccine received on November 24, 2020.
Amended Petition at 1-4; Stipulation, filed April 1, 2024, at ¶¶ 2-4. Petitioner further
alleges that the vaccine was administered in the United States, she experienced the
residual effects of her injury for more than six months, and there has been no prior award
or settlement of a civil action for damages on her behalf as a result of her injuries.
Amended Petition at ¶¶ 4, 13, 15; Stipulation at ¶¶ 3-5. “Respondent denies that
petitioner satisfied the forty-eight hour onset requirement and further denies that the flu
vaccine caused petitioner’s alleged right shoulder injury, any other injury, or her current
condition.” Stipulation at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§300aa (2018).

Case 1:21-vv-02198-UNJ Document 64 Filed 05/03/24 Page 2 of 7
Nevertheless, on April 1, 2024, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $30,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:21-vv-02198-UNJ Document 64 Filed 05/03/24 Page 3 of 7
3Jn tIJe Wniteb ~tates q[ourt of jfe beral <!Claims
OFFICE OF SPECIAL MASTERS
SHANNON LYNNE BRODEUR,
Petitioner,
Case No. 21-2198V (ECF)
V. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Shannon Lynne Brodeur, petitioner, filed a petition for vaccine compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-I0 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 November 24, 2020.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a right 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-02198-UNJ Document 64 Filed 05/03/24 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 right 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 tenns of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2 l(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-2l(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.
I 0. 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.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:21-vv-02198-UNJ Document 64 Filed 05/03/24 Page 5 of 7
l l. 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-l5(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 anorneys' 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-l 5(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-l0 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 November 24, 2020,
as alleged by petitioner in a petition for vaccine compensation filed on or about
November 22, 2021, in the United States Court of Federal Claims as petition No. 21-2198V.
14. If petitioner should die prior to 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-02198-UNJ Document 64 Filed 05/03/24 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the
tenns 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.
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 right
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-02198-UNJ Document 64 Filed 05/03/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
H);:N ONLYNNE,BRODEUR
ATTORNEY OF RECORD FOR AUTHORIED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
-~~y__p~
p ~ / ~
w.
SCOTT ROONEY HEATHER L. PEARLMAN
Counsel for Petitioner Deputy Director
Nemes Rooney, P.C. Torts Branch, Civil Division
26050 Orchard Lake Rd., Suite 300 U.S. Department of Justice
Farmington Hills, MI 48334 P.O. Box 146
scott@nemesassociates.com Benjamin Franklin Station
(248) 442-3300 Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTONEY OF RECORD FOR
OF THE SECRETARY OF HEALT H RESPONDENT:
AND HUMAN SERVICES:
s.
ey
Jeffr Digitally signed by Jeffrey
S.Beach-S
Beach -S
Oate:2024.03.1214:57:16
-----·· .04•00· for
CDR GEORGE REED GRIMES, MD, MPH MARK K. HELLIE
Director, Division of Injury 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.he II ie@usdoj.gov
5600 Fishers Lane,08W-25A (202) 616-4208
Rockville, MD 20857
i -/ - ~'-J
Dated: 2Q
5

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-02198-cl-extra-10735435
Date issued/filed: 2024-05-03
Pages: 1
Docket text: Supplementary opinion from CourtListener cluster 10268845
--------------------------------------------------------------------------------
      In the United States Court of Federal Claims
                                 OFFICE OF SPECIAL MASTERS
                                         No. 21-2198V



 SHANNON LYNNE BRODEUR,                                      Chief Special Master Corcoran

                         Petitioner,                         Filed: April 2, 2024
 v.

 SECRETARY OF HEALTH AND
 HUMAN SERVICES,

                        Respondent.


Scott William Rooney, Nemes, Rooney, P.C., Farmington Hills, MI, for Petitioner.

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


                               DECISION ON JOINT STIPULATION1

        On November 22, 2021, Shannon Lynne Brodeur filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). On December 20, 2022, Petitioner filed an amended petition.
Petitioner alleges that she suffered shoulder injury related to vaccine administration
(“SIRVA”) resulting from an influenza (“flu”) vaccine received on November 24, 2020.
Amended Petition at 1-4; Stipulation, filed April 1, 2024, at ¶¶ 2-4. Petitioner further
alleges that the vaccine was administered in the United States, she experienced the
residual effects of her injury for more than six months, and there has been no prior award
or settlement of a civil action for damages on her behalf as a result of her injuries.
Amended Petition at ¶¶ 4, 13, 15; Stipulation at ¶¶ 3-5. “Respondent denies that
petitioner satisfied the forty-eight hour onset requirement and further denies that the flu
vaccine caused petitioner’s alleged right shoulder injury, any other injury, or her current
condition.” Stipulation at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made

publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease

of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2018).
       Nevertheless, on April 1, 2024, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

     Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:

        A lump sum of $30,000.00 in the form of a check payable to Petitioner.
        Stipulation at ¶ 8. This amount represents compensation for all items of damages
        that would be available under Section 15(a). Id.

       I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.3

       IT IS SO ORDERED.

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




3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice

renouncing the right to seek review.

                                                    2
             3Jn tIJe Wniteb ~tates q[ourt of jfeberal <!Claims
                              OFFICE OF SPECIAL MASTERS


 SHANNON LYNNE BRODEUR,

                         Petitioner,
                                                             Case No. 21-2198V (ECF)
 V.                                                          CHIEF SPECIAL MASTER
                                                             CORCORAN
 SECRETARY OF HEALTH
 AND HUMAN SERVICES,

                         Respondent.


                                           STIPULATION

       The parties hereby stipulate to the following matters:

        I.      Shannon Lynne Brodeur, petitioner, filed a petition for vaccine compensation

under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-I0 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 November 24, 2020.

       3.       The vaccination was administered within the United States.

       4.       Petitioner alleges that she sustained a right 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 right 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 tenns of this Stipulation, and after petitioner has filed an election to receive

compensation pursuant to 42 U.S.C. § 300aa-2 l(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-2l(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.

        I 0.   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.)), or by entities that provide health services on a pre-paid basis.



                                                  2
        l l.   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-l5(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 anorneys' 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-l 5(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-l0 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 November 24, 2020,

as alleged by petitioner in a petition for vaccine compensation filed on or about

November 22, 2021, in the United States Court of Federal Claims as petition No. 21-2198V.

        14.     If petitioner should die prior to entry ofjudgment, 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

tenns 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.

        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 right

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:



 H);:NONLYNNE,BRODEUR

ATTORNEY OF RECORD FOR                               AUTHORIED REPRESENTATIVE
                                                     OF THE ATTORNEY GENERAL:

p~/~                                                 -~~y__p~
SCOTT w. ROONEY                                       HEATHER L. PEARLMAN
Counsel for Petitioner                               Deputy Director
Nemes Rooney, P.C.                                   Torts Branch, Civil Division
26050 Orchard Lake Rd., Suite 300                    U.S. Department of Justice
Farmington Hills, MI 48334                           P.O. Box 146
scott@nemesassociates.com                            Benjamin Franklin Station
(248) 442-3300                                       Washington, DC 20044-0146


AUTHORIZED REPRESENTATIVE                            ATTONEY OF RECORD FOR
OF THE SECRETARY OF HEALTH                           RESPONDENT:
AND HUMAN SERVICES:
Jeffrey s.         Digitally signed by Jeffrey
                   S.Beach-S
Beach -S           Oate:2024.03.1214:57:16
- - - - - ··       .04•00·    for
CDR GEORGE REED GRIMES, MD, MPH                      MARK K. HELLIE
Director, Division of Injury                         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.he II ie@usdoj.gov
5600 Fishers Lane,08W-25A                            (202) 616-4208
Rockville, MD 20857



Dated:   i -/ - 2Q ~'-J


                                                 5


================================================================================
DOCUMENT 3: USCOURTS-cofc-1_21-vv-02198-cl-extra-10734631
Date issued/filed: 2024-08-02
Pages: 1
Docket text: Supplementary opinion from CourtListener cluster 10268041
--------------------------------------------------------------------------------
    In the United States Court of Federal Claims
                                  OFFICE OF SPECIAL MASTERS
                                          No. 21-2198V


    SHANNON LYNNE BRODEUR,
                                                              Chief Special Master Corcoran
                         Petitioner,
    v.                                                        Filed: June 27, 2024


    SECRETARY OF HEALTH AND
    HUMAN SERVICES,

                        Respondent.


Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for Petitioner.

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

                      DECISION ON ATTORNEY’S FEES AND COSTS 1

        On November 22, 2021, Shannon Lynne Brodeur 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 shoulder injury related to vaccine
administration resulting from an influenza vaccine received on November 24, 2020.
Petition, ECF No. 1. On April 2, 2024, I issued a decision awarding compensation to
Petitioner based on the parties’ stipulation. ECF No. 60.




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 $11,572.10 (representing $11,111.00 in fees plus $461.10 in costs). Application for
Fees and Costs (“Motion”) filed Feb. 6, 2024, ECF No. 56. Furthermore, counsel for
Petitioner represents that Petitioner incurred $592.56 in personal out-of-pocket expenses.
Id. at 2.

       Respondent reacted to the motion on Feb. 20, 2024, indicating that he is satisfied
the statutory requirements for an award of attorneys’ fees and costs are met in this case
but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF
No. 57.

       The rates requested for work performed through the end of 2022 are reasonable
and consistent with our prior determinations and will therefore be adopted. Petitioner has
also requested the hourly rate of $480 for attorney Scott W. Rooney, for all work
performed in the 2023-2024 timeframe. Motion at 5-13. I find the requested rate to be
reasonable and will award the attorney’s fees requested. And all time billed to the matter
was also reasonably incurred. Respondent offered no specific objection to the rates or
amounts sought.

        However, the costs requested herein require reduction. Petitioner requests
$1,053.66 in overall costs. ECF No. 56 at 13-15. This amount is comprised of $461.10 in
attorney’s costs and $592.56 in Petitioner’s out-of-pocket expenses for obtaining medical
records. The majority of these costs are reasonable, with the exception of $252.09 in
requested costs that have not been substantiated by any supporting documentation, such
as an invoice or proof of payment. See ECF No. 56 and ECF No. 66. 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 disallow reimbursement of the unsubstantiated costs, reducing
the total amount of litigation costs to be awarded by $252.09.

                                               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. Petitioner is awarded the total amount of
$11,912.57 3 as follows:
3
 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as f ees f or legal services rendered.
                                                   2
            •    A lump sum of $11,572.10, (representing $11,111.00 in attorney’s fees
                 plus $461.10 in attorney’s costs), in the form of a check payable jointly
                 to Petitioner and Petitioner’s counsel, Scott W. Rooney; and

            •    A lump sum of $340.47, representing reimbursement for Petitioner’s
                 costs, in the form of a check payable to Petitioner.

IT IS SO ORDERED.

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




Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would
be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs.,
924 F.2d 1029 (Fed. Cir.1991).

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