VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01513 Package ID: USCOURTS-cofc-1_22-vv-01513 Petitioner: Robert E. Wonderling Filed: 2022-10-13 Decided: 2024-04-01 Vaccine: influenza Vaccination date: 2019-10-18 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 111000 AI-assisted case summary: On October 13, 2022, Kelly S. Carpino and Robbin L. Reinard, as personal representatives of the estate of Robert E. Wonderling, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that the decedent received an influenza vaccine on October 18, 2019, and subsequently suffered from Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the decedent suffered from GBS, that the vaccine caused any injury, or that the decedent's death was a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The decision awarded the estate a lump sum of $111,000.00, payable to Petitioners Kelly S. Carpino and Robbin L. Reinard as legal representatives of the Estate of Robert E. Wonderling. This amount was designated as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a "Table claim" because GBS is listed on the Vaccine Injury Table for influenza vaccines. The stipulation also addressed future proceedings for attorneys' fees and costs. The parties agreed that the stipulation represented a full and complete negotiated settlement, and it was not to be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the alleged injury or death. The public decision was issued by Chief Special Master Brian H. Corcoran on April 2, 2024, and the docket text indicates service on the parties was made on May 6, 2024. Theory of causation field: Petitioners alleged that Robert E. Wonderling received an influenza vaccine on October 18, 2019, and subsequently suffered Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied the alleged injury and causation. The case proceeded as a "Table claim" because GBS is listed on the Vaccine Injury Table for influenza vaccines. The parties reached a joint stipulation for settlement, agreeing to an award of $111,000.00 for all damages. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding the compensation on April 2, 2024. Petitioners were represented by Jeffrey S. Pop, and Respondent was represented by Jennifer A. Shah. The stipulation stated that the award represented a compromise of the parties' respective positions on liability and damages and was not an admission of causation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01513-0 Date issued/filed: 2024-05-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/02/2024) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01513-UNJ Document 33 Filed 05/06/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1513V KELLY S. CARPINO and ROBBIN L. Chief Special Master Corcoran REINARD, as personal representatives of the ESTATE of ROBERT E. WONDERLING, Filed: April 2, 2024 Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 13, 2022, Kelly S. Carpino and Robbin L. Reinard (“Petitioners”) as the personal representative of the estate of Robert E. Wonderling (“decedent”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that the decedent suffered Guillain-Barré syndrome (“GBS”) as a result of receiving an influenza (“flu”) vaccine on October 18, 2019. Petition at 1; Stipulation, filed at April 1, 2024, ¶¶ 1-4. Petitioners further allege that the decedent experienced the residual effects of this condition for more than six months. Petition at 11-12; Stipulation at ¶4. “Respondent denies that decedent suffered from GBS; denies that the vaccine caused decedent’s 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), Petitioners have 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-01513-UNJ Document 33 Filed 05/06/24 Page 2 of 7 alleged injury, or any other injury; and denies that decedent’s death was a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 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 $111,000.00, in the form of a check payable to Petitioners. 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 Petitioners’ 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 1:22-vv-01513-UNJ Document 33 Filed 05/06/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KELLY S. CARPINO and ROBBIN L. RErNARD, as personal representatives of the estate of ROBERT E. WONDERLING, Petitioners, No. 22-1513V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Kelly S. Carpino and Robbin L. Reinard, petitioners, as personal representatives of the estate of Robert E. Wonderling, decedent, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to the receipt of the influenza ("flu") vaccination by decedent, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a). 2. Decedent received a flu vaccine on October 18, 2019. 3. The vaccination was administered within the United States. 4. Petitioners allege that decedent suffered Guillain-Barre Syndrome ("GBS") within the time period set forth in the Table. They further allege that decedent experienced the residual effects of this condition for more than six months. 5. Petitioners represent that there has been no prior award or settlement of a civil action Case 1:22-vv-01513-UNJ Document 33 Filed 05/06/24 Page 4 of 7 for damages on decedent's behalf as a result of his condition. 6. Respondent denies that decedent suffered from GBS; denies that the vaccine caused decedent's alleged injury, or any other injury; and denies that decedent's death was a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioners have filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$111,000.00 in the form of a check payable to petitioners, Kelly S. Carpino and Robbin Reinard, as legal representatives of the Estate of Robert E. Wonderling, decedent. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioners have filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioners and their 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-I 5(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 2 Case 1:22-vv-01513-UNJ Document 33 Filed 05/06/24 Page 5 of 7 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa l 5(i), subject to the availability of sufficient statutory funds. 12. In return for the payments described in paragraphs 8 and 9, petitioners, in their individual capacities and as personal representatives of the estate of Robert E. Wonderling, on their own behalf and on behalf of the estate and decedent's heirs, executors, administrators, successors or assigns, do forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of decedent resulting from, or alleged to have resulted from, the flu vaccination administered on or about October 18, 2019, as alleged by petitioners in a petition for vaccine compensation filed October 13, 2022, in the United States Court of Federal Claims as petition No. 22-l 513V. 13. If the special master fails to issue a decision in complete confonnity with the tenns 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. 14. 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 3 Case 1:22-vv-01513-UNJ Document 33 Filed 05/06/24 Page 6 of 7 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. 15. 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 decedent's alleged injury or any other injury or his death, or that decedent suffered an injury contained in the Vaccine Injury Table. I 6. All rights and obligations of petitioners hereunder in their capacity as personal representatives of the estate of Robert E. Wonderling shall apply equally to petitioners' heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:22-vv-01513-UNJ Document 33 Filed 05/06/24 Page 7 of 7 Respectfully submitted, PETITIONER: KE~C~~~ PETITIONER: ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: ---4&~ \1--P~ HEATHER L. PEARLMAN JEFFREYS. POP & ASSOCIATES Deputy Director 9150 Wilshire Blvd. . Suite 241 Torts Branen Beverly Hills, CA 90212-3429 U.S. Department of Justice jpop(m,poplawver.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND BUMAN SERVICES: s. effrey J Digitally signed by Jeffrey S, Beach-S Beach _5 ~~2024.03.11 1s:20-J1 ()£h-- - for RA.SHAH CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury rial 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 Tel: (202) 305-2181 Rockville, MD 20857 jennifer.shah@usdoj.gov Dated: _ ___L.f-+)-.1.+ I -_v_j._ ___ 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01513-cl-extra-10735411 Date issued/filed: 2024-05-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268821 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1513V KELLY S. CARPINO and ROBBIN L. Chief Special Master Corcoran REINARD, as personal representatives of the ESTATE of ROBERT E. WONDERLING, Filed: April 2, 2024 Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 13, 2022, Kelly S. Carpino and Robbin L. Reinard (“Petitioners”) as the personal representative of the estate of Robert E. Wonderling (“decedent”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that the decedent suffered Guillain-Barré syndrome (“GBS”) as a result of receiving an influenza (“flu”) vaccine on October 18, 2019. Petition at 1; Stipulation, filed at April 1, 2024, ¶¶ 1-4. Petitioners further allege that the decedent experienced the residual effects of this condition for more than six months. Petition at 11-12; Stipulation at ¶4. “Respondent denies that decedent suffered from GBS; denies that the vaccine caused decedent’s 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), Petitioners have 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). alleged injury, or any other injury; and denies that decedent’s death was a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 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 $111,000.00, in the form of a check payable to Petitioners. 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 Petitioners’ compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KELLY S. CARPINO and ROBBIN L. RErNARD, as personal representatives of the estate of ROBERT E. WONDERLING, Petitioners, No. 22-1513V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Kelly S. Carpino and Robbin L. Reinard, petitioners, as personal representatives of the estate of Robert E. Wonderling, decedent, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to the receipt of the influenza ("flu") vaccination by decedent, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a). 2. Decedent received a flu vaccine on October 18, 2019. 3. The vaccination was administered within the United States. 4. Petitioners allege that decedent suffered Guillain-Barre Syndrome ("GBS") within the time period set forth in the Table. They further allege that decedent experienced the residual effects of this condition for more than six months. 5. Petitioners represent that there has been no prior award or settlement of a civil action for damages on decedent's behalf as a result of his condition. 6. Respondent denies that decedent suffered from GBS; denies that the vaccine caused decedent's alleged injury, or any other injury; and denies that decedent's death was a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioners have filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$111,000.00 in the form of a check payable to petitioners, Kelly S. Carpino and Robbin Reinard, as legal representatives of the Estate of Robert E. Wonderling, decedent. 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 on entitlement in this case, and after petitioners have filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioners and their 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-I 5(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 2 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- l 5(i), subject to the availability of sufficient statutory funds. 12. In return for the payments described in paragraphs 8 and 9, petitioners, in their individual capacities and as personal representatives of the estate of Robert E. Wonderling, on their own behalf and on behalf of the estate and decedent's heirs, executors, administrators, successors or assigns, do forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq. , on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of decedent resulting from , or alleged to have resulted from, the flu vaccination administered on or about October 18, 2019, as alleged by petitioners in a petition for vaccine compensation filed October 13, 2022, in the United States Court of Federal Claims as petition No. 22-l 513V. 13. If the special master fails to issue a decision in complete confonnity with the tenns 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. 14. 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 3 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. 15. 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 decedent's alleged injury or any other injury or his death, or that decedent suffered an injury contained in the Vaccine Injury Table. I6. All rights and obligations of petitioners hereunder in their capacity as personal representatives of the estate of Robert E. Wonderling shall apply equally to petitioners' heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Respectfully submitted, PETITIONER: KE~C~~~ PETITIONER: ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: ---4&~ \1--P~ HEATHER L. PEARLMAN JEFFREYS. POP & ASSOCIATES Deputy Director 9150 Wilshire Blvd.. Suite 241 Torts Branen Beverly Hills, CA 90212-3429 U.S. Department of Justice jpop(m,poplawver.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND BUMAN SERVICES: Jeffrey s. Digitally signed by Jeffrey S, Beach -S Beach _5 ~~2024.03.11 1s:20-J1 for ()£h-- - CDR GEORGE REED GRIMES, MD, MPH RA.SHAH Director, Division of Injury rial 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 Tel: (202) 305-2181 Rockville, MD 20857 jennifer.shah@usdoj.gov Dated: _ Lf-+)-..1+I-vj ___. __.__ __ 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01513-cl-extra-10808279 Date issued/filed: 2025-02-26 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10341691 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1513V KELLY S. CARPINO and ROBBIN L. REINARD, as personal representatives Chief Special Master Corcoran of the ESTATE of ROBERT E. WONDERLING, Filed: January 21, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 13, 2022, Kelly S. Carpino and Robbin L. Reinard (“Petitioners”) as the personal representatives of the estate of Robert E. Wonderling, (“decedent”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioners alleged that decedent suffered Guillain-Barré syndrome as a result of receiving an influenza vaccine on October 18, 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). 2019. Petition, ECF No. 1. On April 2, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 29. Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $33,274.73 (representing $30,546.50 in fees plus $2,728.23 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed August 21, 2024, ECF No. 35. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 35-5. Respondent reacted to the motion on August 22, 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 2-4, ECF No. 36. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2024 are reasonable and consistent with our prior determinations and will therefore be adopted. However, I find a minor reduction in the amount of fees to be awarded appropriate, for the reasons stated below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. 2 Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES After reviewing the billing records submitted with Petitioner’s request, I find that several of the tasks performed by Attorney Kristina E. Grigorian are more properly billed using a paralegal rate. 3 “Tasks that can be completed by a paralegal or a legal assistant should not be billed at an attorney’s rate.” Riggins v. Sec’y of Health & Hum. Servs., No. 99-382V, 2009 WL 3319818, at *21 (Fed. Cl. Spec. Mstr. June 15, 2009). “[T]he rate at which such work is compensated turns not on who ultimately performed the task but instead turns on the nature of the task performed.” Doe/11 v. Sec’y of Health & Hum. Servs., No. XX-XXXXV, 2010 WL 529425, at *9 (Fed. Cl. Spec. Mstr. Jan. 29, 2010). Although these billing entries are reasonable, they must be charged at a reduced rate comparable to that of a paralegal. Application of the foregoing results in a reduction in the amount of fees to be awarded herein by $537.60. 4 Petitioner has otherwise provided supporting documentation for all claimed costs. ECF No. 35-3 and 35-4. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. 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 attorneys’ fees and costs in the total amount of $32,737.13 (representing $30,008.90 in fees plus $2,728.23 in costs) to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see 3 Some examples of such entries include the drafting of basic documents such as a notice of filing exhibit list, PAR Questionnaire, cover sheet, joint notices not to seek review; election to accept judgment; and statement of completion. Entries reduced include: 10/14/22 (f our entries); 8/31/23; 4/2/24; 4/5/24 ECF No. 35-2 at 8-11. 4 This amount consists of ($410 - $177 = $233 x 1.70 hrs.) + ($480 - $197 = $283 x 0.50 hrs.) = $537.60 3 Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 4