VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01277 Package ID: USCOURTS-cofc-1_22-vv-01277 Petitioner: Megi Kola Filed: 2022-09-13 Decided: 2024-03-18 Vaccine: Meningococcal A, C, Y, and W-135, Meningococcal B, and/or influenza Vaccination date: 2020-12-14 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 48424.78 AI-assisted case summary: Megi Kola filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a Meningococcal A, C, Y, and W-135, Meningococcal B, and/or influenza vaccine administered on December 14, 2020. The respondent conceded that Ms. Kola is entitled to compensation, agreeing that her injury is consistent with a SIRVA as defined in the Vaccine Injury Table and that she satisfied all legal prerequisites. A ruling on entitlement was issued on December 14, 2023, finding her entitled to compensation. Subsequently, on March 18, 2024, a decision awarding damages was issued. The parties stipulated to an award of $45,017.86 for pain and suffering and past unreimbursable expenses, and an additional $3,406.92 to satisfy a Commonwealth of Massachusetts Medicaid lien. The total award was $48,424.78. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01277-0 Date issued/filed: 2024-01-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/14/2023) regarding 36 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01277-UNJ Document 40 Filed 01/17/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1277V MEGI KOLA, Chief Special Master Corcoran Petitioner, Filed: December 14, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 13, 2022, Megi Kola 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”) as a result of a Meningococcal A, C, Y, and W-135, Meningococcal B, and/or influenza vaccine administered on December 14, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of his injury for more than six months, and that there has been no compensation in the form of an award for her injury. Petition at 7. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 Ruling 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 1:22-vv-01277-UNJ Document 40 Filed 01/17/24 Page 2 of 2 On December 4, 2023, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent has concluded that Petitioner’s injury is consistent with a SIRVA as defined the Vaccine Injury Table. Id. at 3. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 4. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01277-cl-extra-10736456 Date issued/filed: 2024-01-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269866 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1277V MEGI KOLA, Chief Special Master Corcoran Petitioner, Filed: December 14, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On September 13, 2022, Megi Kola 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”) as a result of a Meningococcal A, C, Y, and W-135, Meningococcal B, and/or influenza vaccine administered on December 14, 2020. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of his injury for more than six months, and that there has been no compensation in the form of an award for her injury. Petition at 7. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 Ruling 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). On December 4, 2023, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent has concluded that Petitioner’s injury is consistent with a SIRVA as defined the Vaccine Injury Table. Id. at 3. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 4. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01277-1 Date issued/filed: 2024-03-18 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/16/2024) regarding 45 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01277-UNJ Document 49 Filed 03/18/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1277V MEGI KOLA, Chief Special Master Corcoran Petitioner, Filed: February 16, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 13, 2022, Megi Kola 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”) as a result of a meningococcal A, C, Y, and W-135; Meningococcal B; and/or influenza vaccine administered on December 14, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 14, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On December 15, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,017.86 (comprised of $45,000.00 for pain and suffering and $17.86 for past unreimbursable 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 1:22-vv-01277-UNJ Document 49 Filed 03/18/24 Page 2 of 5 expenses). Proffer at 1-2. The proffer also states that Petitioner shall be awarded $3,406.92 to satisfy a Commonwealth of Massachusetts Medicaid lien. Id. at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the Proffer, I award Petitioner : 1. A lump sum payment of $45,017.86 in the form of a check payable to Petitioner (comprised of $45,000.00 for pain and suffering, and $17.86 for past unreimbursable expenses); and 2. A lump sum payment of $3,406.92, representing compensation for satisfaction of the Commonwealth of Massachusetts Medicaid lien, in the form of a check payable jointly to Petitioner3 and: Commonwealth of Massachusetts - EOHHS Casualty Recovery P.O. Box 417811 Boston, MA 02241-7811 These amounts represent compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Petitioner agrees to endorse the check to Commonwealth of Massachusetts – EOHHS for satisfaction of the Medicaid lien. 4 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 1:22-vv-01277-UNJ Document 49 Filed 03/18/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) MEGI KOLA, ) ) Petitioner, ) ) No. 22-1277V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 13, 2022, Megi Kola (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of “Meningococcal A, C, Y and W-135 (‘Menactra’), Meningococcal B (‘Bexero’), and/or the influenza vaccine(s)” she received on December 14, 2020. Petition at 1. On December 4, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on December 14, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 33; ECF No. 36. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:22-vv-01277-UNJ Document 49 Filed 03/18/24 Page 4 of 5 B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the Commonwealth of Massachusetts Medicaid lien in the amount of $3,406.92, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Massachusetts may have against any individual as a result of any Medicaid payments the Commonwealth of Massachusetts has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about December 14, 2020, under Title XIX of the Social Security Act. Petitioner agrees. C. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $17.86. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:1 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. Case 1:22-vv-01277-UNJ Document 49 Filed 03/18/24 Page 5 of 5 A. A lump sum payment of $45,017.86 in the form of a check payable to petitioner; and B. A lump sum payment of $3,406.92, representing compensation for satisfaction of the Commonwealth of Massachusetts Medicaid lien, in the form of a check payable jointly to petitioner and: Commonwealth of Massachusetts - EOHHS Casualty Recovery P.O. Box 417811 Boston, MA 02241-7811 Petitioner agrees to endorse the check to Commonwealth of Massachusetts - EOHHS for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division TRACI R. PATTON Assistant Director Torts Branch, Civil Division /s/ Camille M. Collett CAMILLE M. COLLETT Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 616-4098 Date: February 15, 2024 Camille.M.Collett@usdoj.gov ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_22-vv-01277-cl-extra-10735895 Date issued/filed: 2024-03-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269305 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1277V MEGI KOLA, Chief Special Master Corcoran Petitioner, Filed: February 16, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On September 13, 2022, Megi Kola 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”) as a result of a meningococcal A, C, Y, and W-135; Meningococcal B; and/or influenza vaccine administered on December 14, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 14, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On December 15, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,017.86 (comprised of $45,000.00 for pain and suffering and $17.86 for past unreimbursable 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). expenses). Proffer at 1-2. The proffer also states that Petitioner shall be awarded $3,406.92 to satisfy a Commonwealth of Massachusetts Medicaid lien. Id. at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the Proffer, I award Petitioner : 1. A lump sum payment of $45,017.86 in the form of a check payable to Petitioner (comprised of $45,000.00 for pain and suffering, and $17.86 for past unreimbursable expenses); and 2. A lump sum payment of $3,406.92, representing compensation for satisfaction of the Commonwealth of Massachusetts Medicaid lien, in the form of a check payable jointly to Petitioner 3 and: Commonwealth of Massachusetts - EOHHS Casualty Recovery P.O. Box 417811 Boston, MA 02241-7811 These amounts represent compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Petitioner agrees to endorse the check to Commonwealth of Massachusetts – EOHHS for satisfaction of the Medicaid lien. 4 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 ) MEGI KOLA, ) ) Petitioner, ) ) No. 22-1277V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 13, 2022, Megi Kola (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of “Meningococcal A, C, Y and W-135 (‘Menactra’), Meningococcal B (‘Bexero’), and/or the influenza vaccine(s)” she received on December 14, 2020. Petition at 1. On December 4, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on December 14, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 33; ECF No. 36. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the Commonwealth of Massachusetts Medicaid lien in the amount of $3,406.92, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Massachusetts may have against any individual as a result of any Medicaid payments the Commonwealth of Massachusetts has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about December 14, 2020, under Title XIX of the Social Security Act. Petitioner agrees. C. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $17.86. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:1 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. A. A lump sum payment of $45,017.86 in the form of a check payable to petitioner; and B. A lump sum payment of $3,406.92, representing compensation for satisfaction of the Commonwealth of Massachusetts Medicaid lien, in the form of a check payable jointly to petitioner and: Commonwealth of Massachusetts - EOHHS Casualty Recovery P.O. Box 417811 Boston, MA 02241-7811 Petitioner agrees to endorse the check to Commonwealth of Massachusetts - EOHHS for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division TRACI R. PATTON Assistant Director Torts Branch, Civil Division /s/ Camille M. Collett CAMILLE M. COLLETT Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 616-4098 Date: February 15, 2024 Camille.M.Collett@usdoj.gov ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_22-vv-01277-cl-extra-10760979 Date issued/filed: 2024-12-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10294391 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1277V MEGI KOLA, Chief Special Master Corcoran Petitioner, v. Filed: November 13, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 13, 2022, Megi Kola 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 as a result of a meningococcal A, C, Y, and W-135; Meningococcal B; and/or influenza vaccine administered on December 14, 2020. Petition, ECF No. 1. On February 16, 2024, I issued a decision awarding compensation to Petitioner based on Respondent’s proffer. ECF No. 45. 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $20,750.14 (representing $19,817.90 in fees plus $932.24 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed July 3, 2024, ECF No. 51. Furthermore, Petitioner filed a signed statement representing that she incurred no personal out-of- pocket expenses. ECF No. 51-1. Respondent reacted to the motion on July 10, 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. 53. Petitioner filed a reply reiterating the request for fees and costs as indicated in the Motion. ECF No. 54. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 51-2. 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 $20,750.14 (representing $19,817.90 in fees plus $932.24 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Elizabeth Martin Muldowney. 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 filing a joint notice renouncing their right to seek review. 2