VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01331 Package ID: USCOURTS-cofc-1_22-vv-01331 Petitioner: Gloria Darmanin Filed: 2022-09-20 Decided: 2024-04-30 Vaccine: influenza Vaccination date: 2019-09-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Gloria Darmanin filed a petition for vaccine compensation on September 20, 2022, alleging injury from an influenza vaccine received on September 22, 2019. Ms. Darmanin claimed a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Darmanin sustained a SIRVA Table injury, denied that the vaccine caused her condition, and denied that her current condition was a sequela of a vaccine-related injury. Despite these differing positions, the parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Ms. Darmanin was awarded a lump sum of $60,000.00 as compensation for all damages available under the Vaccine Act. This award represents a compromise of the parties' respective positions on liability and damages. The decision was issued on April 30, 2024. Petitioner was represented by Michael Kolb of O’Connor & Partners, PLLC, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Gloria Darmanin received an influenza vaccine on September 22, 2019. She alleged a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months, which is a condition listed in the Vaccine Injury Table. Respondent denied the alleged SIRVA Table injury and causation. The parties reached a joint stipulation for settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation as his decision on April 30, 2024. The stipulation awarded Petitioner a lump sum of $60,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The public text does not detail the specific mechanism of injury, expert testimony, or the basis for the settlement compromise beyond the parties maintaining their stated positions. Petitioner was represented by Michael Kolb and respondent by Sarah Christina Duncan. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01331-0 Date issued/filed: 2024-06-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/30/2024) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01331-UNJ Document 44 Filed 06/12/24 Page 1 of 7 (cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1331V GLORIA DARMANIN, Chief Special Master Corcoran Petitioner, v. Filed: April 30, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael Kolb, O’Connor & Partners, PLLC, Kingston, NY, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 20, 2022, Gloria Darmanin 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 September 22, 2019, Petitioner received an influenza (“flu”) vaccine, which is included in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. She further alleges that she experienced residual effects of this injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 1Because 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. 2National 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 (2012). Case 1:22-vv-01331-UNJ Document 44 Filed 06/12/24 Page 2 of 7 Nevertheless, on April 30, 2024, the parties filed the attached joint stipulation,3 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 $60,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 In attaching the parties’ joint stipulation, I have omitted the last page – a Vinesign form that includes personal information regarding Petitioner. 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-01331-UNJ Document 44 Filed 06/12/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) GLORIA DARMANIN, ) ) Petitioner, ) ) No. 22-1331 V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALT H AND HUMAN ) SERVICES, ) ) Respondent. ) _________________ ) STIPULATION The parties hereby stipulate to the following matters: I. Gloria Darrnanin ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a) 2. Petitioner received a flu vaccine on September 22, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. She further alleges that she experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. Case 1:22-vv-01331-UNJ Document 44 Filed 06/12/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment 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-2 I (a)(I ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $60,000.00, 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-l 5(a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (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 they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U .S.C. § 300aa-l 5(g), including 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 entities that provide health services on a pre-paid basis. 2 Case 1:22-vv-01331-UNJ Document 44 Filed 06/12/24 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U .S.C. § 300aa-l 5(a) and ( d), and subject to the conditions of 42 U .S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in 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-l 0 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 or about September 22, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about September 20, 2022, in the United States Court of Federal Claims as petition No. 22-1331 V. 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 1:22-vv-01331-UNJ Document 44 Filed 06/12/24 Page 6 of 7 15. If the special master fails to issue~ 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 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 I I I I I I I I I 4 Case 1:22-vv-01331-UNJ Document 44 Filed 06/12/24 Page 7 of 7 Respectfully submitted, PETITIONER: -~~~ GLORJA DARMANIN ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETffiONER: OF TIIE AI TORNEY GENERAL: (CAA- ~ ~c~ ;i,P-e ~ MICHAEL KOLB HEA TIIER L. PEARLMAN o~coNNOR & PARTNERS, PLLC Deputy Director 255 Wall Street Torts Branch Kin~ton, NY 12401 Civil Division (845) 303-8777 U.S. Department of Justice mkolb@onplaw.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AU1llORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEAL1H RESPONDENT: AND HUMAN SERVICES: George R. Digitally signed by George R. Grlmes-S14 Grimes-S14 Date: 2024.04.19 13:53:43 -04'00' CDR GEORGE REED GRIMES, MD, MPH SARAH C. DUNCAN Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 514-9729 Rockville, MD 20857 Sarah.C.Duncan@usdoj.gov Dated: hpv:i \ } C I 'Z.O 2.'1 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01331-cl-extra-10735046 Date issued/filed: 2024-06-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268456 -------------------------------------------------------------------------------- $033&$5&% In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1331V GLORIA DARMANIN, Chief Special Master Corcoran Petitioner, v. Filed: April 30, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael Kolb, O’Connor & Partners, PLLC, Kingston, NY, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 20, 2022, Gloria Darmanin 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 September 22, 2019, Petitioner received an influenza (“flu”) vaccine, which is included in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. She further alleges that she experienced residual effects of this injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 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 (2012). Nevertheless, on April 30, 2024, the parties filed the attached joint stipulation,3 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 $60,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 In attaching the parties’ joint stipulation, I have omitted the last page – a Vinesign form that includes personal information regarding Petitioner. 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 ) GLORIA DARMANIN, ) ) Petitioner, ) ) No. 22-1331 V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) _________________ ) STIPULATION The parties hereby stipulate to the following matters: I. Gloria Darrnanin ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a) 2. Petitioner received a flu vaccine on September 22, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. She further alleges that she experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofjudgment 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-2 I (a)(I ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $60,000.00, 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-l 5(a). 9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (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 they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U .S.C. § 300aa-l 5(g), including 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 entities that provide health services on a pre-paid basis. 2 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U .S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U .S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in 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-l 0 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 or about September 22, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about September 20, 2022, in the United States Court of Federal Claims as petition No. 22-1331 V. 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~ 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 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 I I I I I I I I I 4 Respectfully submitted, PETITIONER: -~~~ GLORJA DARMANIN ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETffiONER: OF TIIE AITORNEY GENERAL: ~ (CAA- MICHAEL KOLB ~ c ~ ;i,P-e ~ HEATIIER L. PEARLMAN o~coNNOR & PARTNERS, PLLC Deputy Director 255 Wall Street Torts Branch Kin~ton, NY 12401 Civil Division (845) 303-8777 U.S. Department of Justice mkolb@onplaw.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AU1llORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEAL1H RESPONDENT: AND HUMAN SERVICES: Digitally signed by George R. George R. Grlmes-S14 Date: 2024.04.19 13:53:43 Grimes-S14 -04'00' CDR GEORGE REED GRIMES, MD, MPH SARAH C. DUNCAN Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 514-9729 Rockville, MD 20857 Sarah.C.Duncan@usdoj.gov Dated: hpv:i \ } C I 'Z.O 2.'1 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01331-cl-extra-10733989 Date issued/filed: 2024-10-16 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267399 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1331V GLORIA DARMANIN, Chief Special Master Corcoran Petitioner, v. Filed: September 16, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael Kolb, O’Connor & Partners, PLLC, Kingston, NY, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 20, 2022, Gloria Darmanin 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 sustained a shoulder injury related to vaccine administration within the time period set forth in the Table. Petition, ECF No. 1. On April 30, 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 $14,414.89 (representing $13,247.50 in fees plus $1,167.39 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed May 28, 2024, ECF No. 41. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 41 at 3. Respondent reacted to the motion on May 29, 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. 42. I have reviewed the billing records submitted with Petitioner’s request. Petitioner has requested the hourly rate of $350 for work performed by attorney Michael Kolb in the 2021-24 timeframe. ECF No. 41-1. Mr. Kolb indicated that he has been a licensed attorney since 1976. Id. at 1. Thus, I find his requested hourly rate to be reasonable for an attorney with his level of experience and will award the attorney’s fees requested. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 41-2. 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 $14,414.89 (representing $13,247.50 in fees plus $1,167.39 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, O’Connor & Partners, PLLC. In the absenc e of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 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