VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01616 Package ID: USCOURTS-cofc-1_22-vv-01616 Petitioner: Brianna Wagner Filed: 2022-10-28 Decided: 2025-01-28 Vaccine: influenza Vaccination date: 2020-11-10 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 32000 AI-assisted case summary: Brianna Wagner filed a petition for compensation under the National Vaccine Injury Compensation Program on October 28, 2022, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on November 10, 2020. She claimed the injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Wagner sustained a SIRVA Table Injury or that the flu vaccine caused her injury. Despite these denials, the parties reached a joint stipulation for settlement. The court adopted the stipulation as its decision, awarding Ms. Wagner a lump sum of $32,000.00. This amount is intended to compensate for all damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties agreed to settle the matter, with the award reflecting a compromise of their respective positions on liability and damages. The stipulation also addressed future proceedings for attorney fees and litigation costs. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01616-0 Date issued/filed: 2025-01-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/26/2024) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01616-UNJ Document 33 Filed 01/28/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1616V BRIANNA WAGNER, Chief Special Master Corcoran Petitioner, Filed: December 26, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 28, 2022, Brianna Wagner 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 (“SRIVA”) after receiving an influenza (“flu”) vaccination on November 10, 2020. Petition at 1; Stipulation, filed at December 23, 2024, ¶¶ 1-2. Petitioner further alleges she suffered the residual effects of this injury for more than six months, that the vaccine was administered within the United States, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table Injury, denies that petitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current condition ” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:22-vv-01616-UNJ Document 33 Filed 01/28/25 Page 2 of 7 Nevertheless, on December 23, 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 $32,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:22-vv-01616-UNJ Document 33 Filed 01/28/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) BRIANNA WAGNER, ) ) Petitioner, ) ) No. 22-l 6 l 6V (ECF) V. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Brianna Wagner, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto -34 ("Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table ("Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the flu vaccination in her left shoulder on November 10, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") within the time period set forth in the Table, and that she experienced residual effects of this injury for more than six months. In the alternative, petitioner alleges that the flu vaccine was the "cause-in-fact" of her shoulder injury. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Case 1:22-vv-01616-UNJ Document 33 Filed 01/28/25 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current condition. 7. Maintaining their above-stated positions, the parties neve11heless now agree that the issues between them shall be settled, and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $32,000.00 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 of judgment 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-21 (a)(l ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorney fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 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. § 1396, et seq.)), or by entities that provide health services on a pre-paid basis. 2 Case 1:22-vv-01616-UNJ Document 33 Filed 01/28/25 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa- 15(i), subject to the availability of sufficient statutory funds. 12. The patties and their attorneys fmther agree and stipulate that, except for any award for attorney 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-15(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, 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 vaccine administered on or about November 10, 2020, as alleged by petitioner in a petition for vaccine compensation filed on October 28, 2022, in the United States Comt of Federal Claims as petition No. 22-l 6 l 6V. 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-01616-UNJ Document 33 Filed 01/28/25 Page 6 of 7 15. If the Chief Special Master fails to issue a decision in complete conformity with the te1ms 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 paities' 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 pait of the patties 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 fu1ther, 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. 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 I 4 Case 1:22-vv-01616-UNJ Document 33 Filed 01/28/25 Page 7 of 7 Respectfully submitted, PETITIONER: ATTORNEV OF RECORD FOR AUTHORIZED REPIU(SENTATIYE PETITIONER: OF THE ATTORNEY GENERAL: ~~~~ - · .IF l!EAlHER L. PEARLMAN . •ffr . . . . . l CllltCS Deputy Director 9 I 50 Wilshire Blvd., Suite 241 Torts Branch Beverly Hills, CA 90'.21'.2 Civil Division (3 I 0) 273-5462 U.S. Department of Justice jpop@poplrl\\ycr.co1n P.O. Box 146 lknjarnin Franklin Station Washington. DC 200~14-0 l-1-6 ATTORNEY OF RECORD FOR AllTHORIZED REPRESENTATIVE RESPONDE~T: OF THE SECRETARY OF HEALTH AND HUMAN SERVICES: Jeffrey S. Digitally signed by Jeffrey S. Beach -S Beach -5 Date: 2024.12.17 /4L;~v-- N . M~· ~ 10:19:49 -05'00' for r{1/:\~-{;~_i i(11:1.:ii:iT ___ • -·· CA.PT GEORG_E_R-.F-:E6GRIMES, MD. MPII Director, Division of Injury Trial , \ tl1)rn<:y l'orts Branch Compensation Progn:nns ( 'iyi\ \)j\iSilrn Health Systems Bureau l 1.S. Dcp:Hll\\1..'1\l lli" Justi1..·c llealth Resources and Services P.O. l-+6 Administration n(,~ l11.•1,jarnin l-'r:111klin Si~1ti,111 U.S. Dcpnrtnicnt of lknlth Washinb:t,)11, I)(.· '..'.OU-+-\-tl l -1-(l and 1l uman Scrvi<.:cs (::U2) h I b-'..'tN:'i 5600 Fishers Lane. 08\V-251\ :1d:Hn.1 nu lll'I l 1i'uslh ,_i ·bn\ Rockville, MD 20857 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01616-cl-extra-10788728 Date issued/filed: 2025-01-28 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10322140 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1616V BRIANNA WAGNER, Chief Special Master Corcoran Petitioner, Filed: December 26, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 28, 2022, Brianna Wagner 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 (“SRIVA”) after receiving an influenza (“flu”) vaccination on November 10, 2020. Petition at 1; Stipulation, filed at December 23, 2024, ¶¶ 1-2. Petitioner further alleges she suffered the residual effects of this injury for more than six months, that the vaccine was administered within the United States, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table Injury, denies that petitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current condition ” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Nevertheless, on December 23, 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 $32,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) BRIANNA WAGNER, ) ) Petitioner, ) ) No. 22-l 6 l 6V (ECF) V. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Brianna Wagner, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S. C. § 300aa-l Oto -34 (" Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table ("Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the flu vaccination in her left shoulder on November 10, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") within the time period set forth in the Table, and that she experienced residual effects of this injury for more than six months. In the alternative, petitioner alleges that the flu vaccine was the "cause-in-fact" of her shoulder injury. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. 6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current condition. 7. Maintaining their above-stated positions, the parties neve11heless now agree that the issues between them shall be settled, and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $32,000.00 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 of judgment 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-21 (a)(l ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorney fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 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. § 1396, et seq.)), or by entities that provide health services on a pre-paid basis. 2 11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa- 15(i), subject to the availability of sufficient statutory funds. 12. The patties and their attorneys fmther agree and stipulate that, except for any award for attorney 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-15(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, 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 vaccine administered on or about November 10, 2020, as alleged by petitioner in a petition for vaccine compensation filed on October 28, 2022, in the United States Comt of Federal Claims as petition No. 22-l 6 l 6V. 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 Chief Special Master fails to issue a decision in complete conformity with the te1ms 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 paities ' 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 pait of the patties 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 fu1ther, 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 . 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 I 4 Respec tfully submitt ed, PETITIONER: ATTORNEV OF RECORD FOR AUTHORIZED REPIU(SENTAT IY E PETITIONER: OF THE ATT ORNEY GENERAL: - .IF · ~~~~ l!EAlH ER L. PEARLMAN . •ffr . .. . . l CllltCS D epu ty Director 9 I 50 Wilshire Blvd., Suite 241 Torts Branch Beverly Hills, CA 90'.21'.2 Civi l Division (3 I 0) 273-5462 U.S. Department of Justic e jpop@popl rl\\ycr.co1n P.O. Box 146 lknjarnin Frankli n Station Washin gton. DC 200~14-0 l-1-6 AllTHORIZED REPRESENTATIVE ATTORNEY OF RE CO RD FOR OF THE SECRETARY OF HEALTH RESPONDE~T: AND HUMAN SERVICES : Digitally signed by Jeffrey S. Jeffrey S. Beach -S Date: 2024. 1 2.1 7 Beach -5 10:19:49 -05'00' for /4L;~v-- N . M~· ~ CA.PT GEORG_E_R-.F-:E6GRIM ES, MD. M PII r{1/:\~-{ ;~_i i(11:1.:ii:iT ___ • -·· Director, Divi sion of Injury Trial ,\ tl1) rn<: y Compensation Progn:nn s l'ort s Bra nch ( ' iy i\ \)j\i Silrn Health System s Bureau l 1.S . Dcp:Hll\\ 1..' 1\l ll i" Ju s ti1..·c llealth Reso urce s and Services P.O. n(,~ l-+6 Administrat ion l11.•1 ,j arnin l-'r:111klin S i~1ti,111 U.S. Dcpnrtnicnt of lk nlth Washi nb: t,)11 , I)(.· '..'.OU- +-\-tl l -1-(l and 1luman Scrvi<.:cs (::U2) h I b-'..' tN :'i 5600 Fishers Lane. 08\V- 251\ :1d:Hn.1 nu lll'I l 1i' uslh ,_i ·bn\ Rockville, MD 208 57 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01616-cl-extra-11113775 Date issued/filed: 2025-08-04 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10647188 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1616V BRIANNA WAGNER, Chief Special Master Corcoran Petitioner, Filed: July 3, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 28, 2022, Brianna Wagner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleged that she suffered a shoulder injury related to vaccine administration following an influenza vaccine she received on November 10, 2020. Petition, ECF No. 1. On December 26, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 32. 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. 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 $26,535.16 (representing $25,099.00 in fees plus $1,436.16 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed April 25, 2025, ECF No. 36. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 36-4. Respondent reacted to the motion on April 29, 2025, 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. 37. Petitioner filed no reply thereafter. 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. 36-3 at 2-23. 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. Petitioner is awarded attorneys’ fees and costs in the total amount of $26,535.16 (representing $25,099.00 in fees plus $1,436.16 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 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