VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01623 Package ID: USCOURTS-cofc-1_22-vv-01623 Petitioner: Penny J. Stanek Filed: 2022-10-31 Decided: 2025-02-24 Vaccine: influenza Vaccination date: 2019-11-25 Condition: bilateral shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Penny J. Stanek filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered bilateral shoulder injuries as a result of receiving influenza and Tdap vaccinations on November 25, 2019. She also received a Shingrix vaccine in December 2019. Ms. Stanek alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months. Respondent denied that Ms. Stanek sustained a SIRVA Table injury or that the vaccines caused her alleged shoulder injuries. Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case. The court adopted the stipulation as its decision, awarding Ms. Stanek a lump sum of $15,000.00 as compensation for all items of damages available under the program. This award represents a negotiated settlement of liability and damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01623-0 Date issued/filed: 2025-02-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/20/2024) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01623-UNJ Document 30 Filed 02/24/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1623V PENNY J. STANEK, Chief Special Master Corcoran Petitioner, Filed: December 20, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Robert P. Goodwin, Walsh Robert & Grace, Buffalo, NY, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 31, 2022, Penny J. Stanek 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 bilateral shoulder injuries as a result of the administration of influenza (“flu”) and diphtheria/tetanus (“Tdap”) vaccinations on November 25, 2019. Stipulation filed December 18, 2024, at ¶¶ 1-2, 4; see Petition at 1, ¶ 17. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 18-20. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccines caused [P]etitioner’s alleged shoulder injuries, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” 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-01623-UNJ Document 30 Filed 02/24/25 Page 2 of 7 Nevertheless, on December 18, 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 $15,000.00 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 A letter from Petitioner’s Counsel located at page 6 of the parties Stipulation, ECF No. 23 at 6, has been omitted from the attached Stipulation. 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-01623-UNJ Document 30 Filed 02/24/25 Page 3 of 7 < IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PENNY J. STANEK, Petitioner, V. No. 22-l 623V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. On October 31, 2022, Penny J. Stanek ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") and diphtheria/tetanus (''Tdap") vaccines, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine and a Tdap vaccine on November 25, 2019.1 3. The vaccines were administered within the United States. 4. Petitioner alleges that she sustained a bilateral 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 In December 2019, petitioner also received a Shingrix vaccine, which is not contained in the Vaccine Injury Table. -1- Case 1:22-vv-01623-UNJ Document 30 Filed 02/24/25 Page 4 of 7 action for damages on her behalf as a result of her alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccines caused petitioner's alleged shoulder injuries, or any other injury; and denies that her current condition is 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 ofj udgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $15,000.00 in the fonn of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry 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)( 1) , 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. 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. § Case 1:22-vv-01623-UNJ Document 30 Filed 02/24/25 Page 5 of 7 .l 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 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-1 S(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 wilt 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-1 S(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-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 petitioner resulting from, or alleged to have resulted from, the flu and/or Tdap vaccinations administered on November 25, 2019, as alleged in a petition for vaccine compensation filed on or about October 3 l, 2022, in the United States Court of Federal Claims as petition No. 22-1623V, or from any vaccinations administered in December 2019. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable -3- Case 1:22-vv-01623-UNJ Document 30 Filed 02/24/25 Page 6 of 7 upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confonnity with the tenns 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 otheiwise 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 petitioner sustained a SIRVA Table injury; that the flu vaccine or Tdap vaccine caused any other injury; or that her current condition is a sequela of a vaccine-related injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. ENDOF STIPULATION I I I I -4- Case 1:22-vv-01623-UNJ Document 30 Filed 02/24/25 Page 7 of 7 Respectfully submitted, PETITIONER: PEh {l!kl ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PE ITIONER: OF THE ATTORNEY GENERAL: ....-MA ~Aw...P-<-~ HEATHER L. PEARLMAN Walsh Roberts & Grace, LLP Deputy Director 400 Rand Building, 14 Lafayette Square Torts Branch Buffalo, NY, 14203-1904 Civil Division (716) 856-1636 U.S. Department of Justice rgoodwin@walshrobertsgrace.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 HUMAN SERVICES: s. Jeffrey ~~~~lrlgned by Jeffrey S. -S Beach Date: 2024.12.0207:35:22 .os·oo· for CAPT GEORGE REED GRIMES, MD, MPH If1LIANNA R. KOBER Director Division ofinjury Compensation Trial Attorney 1 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 and Human Services Benjamin Franklin Station 5600 Fishers Lane, 08W-25A Washington, DC 20044-0146 Rockville, MD 20857 (202) 742-6375 Julianna.R.Kober@usdoj.gov i2./f'fl/2o?:f Dated: ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01623-cl-extra-10804779 Date issued/filed: 2025-02-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10338191 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1623V PENNY J. STANEK, Chief Special Master Corcoran Petitioner, Filed: December 20, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Robert P. Goodwin, Walsh Robert & Grace, Buffalo, NY, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On October 31, 2022, Penny J. Stanek 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 bilateral shoulder injuries as a result of the administration of influenza (“flu”) and diphtheria/tetanus (“Tdap”) vaccinations on November 25, 2019. Stipulation filed December 18, 2024, at ¶¶ 1-2, 4; see Petition at 1, ¶ 17. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 18-20. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccines caused [P]etitioner’s alleged shoulder injuries, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” 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 18, 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 $15,000.00 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. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 A letter from Petitioner’s Counsel located at page 6 of the parties Stipulation, ECF No. 23 at 6, has been omitted from the attached Stipulation. 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 PENNY J. STANEK, Petitioner, V. No. 22-l 623V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. On October 31, 2022, Penny J. Stanek ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") and diphtheria/tetanus (''Tdap") vaccines, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine and a Tdap vaccine on November 25, 2019. 1 3. The vaccines were administered within the United States. 4. Petitioner alleges that she sustained a bilateral 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 In December 2019, petitioner also received a Shingrix vaccine, which is not contained in the Vaccine Injury Table. -1- action for damages on her behalf as a result of her alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccines caused petitioner's alleged shoulder injuries, or any other injury; and denies that her current condition is 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 ofjudgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $15,000.00 in the fonn of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of judgment 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)( 1), 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. 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. § .l 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 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-1 S(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 wilt 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-1 S(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-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 petitioner resulting from, or alleged to have resulted from, the flu and/or Tdap vaccinations administered on November 25, 2019, as alleged in a petition for vaccine compensation filed on or about October 3 l , 2022, in the United States Court of Federal Claims as petition No. 22-1623V, or from any vaccinations administered in December 2019. 14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable -3- upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confonnity with the tenns 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 otheiwise 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 petitioner sustained a SIRVA Table injury; that the flu vaccine or Tdap vaccine caused any other injury; or that her current condition is a sequela of a vaccine-related injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. ENDOF STIPULATION I I I I -4- Respectfully submitted, PETITIONER: PEh {l!kl ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PE ITIONER: OF THE ATTORNEY GENERAL: ....-MA ~ Aw . . . P - < - ~ HEATHER L. PEARLMAN Walsh Roberts & Grace, LLP Deputy Director 400 Rand Building, 14 Lafayette Square Torts Branch Buffalo, NY, 14203- 1904 Civil Division (716) 856-1636 U.S. Department of Justice rgoodwin@walshrobertsgrace.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 HUMAN SERVICES: Jeffrey s. ~~~~lrlgned by Jeffrey S. Beach -S Date: 2024.12.0207:35:22 .os·oo· for CAPT GEORGE REED GRIMES, MD, MPH If1LIANNA R. KOBER Director1 Division ofinjury Compensation Trial Attorney 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 and Human Services Benjamin Franklin Station 5600 Fishers Lane, 08W-25A Washington, DC 20044-0146 Rockville, MD 20857 (202) 742-6375 Julianna.R.Kober@usdoj.gov Dated: i2./f'fl/2o?:f ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01623-cl-extra-11085495 Date issued/filed: 2025-06-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10618907 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1623V PENNY J. STANEK, Chief Special Master Corcoran Petitioner, v. Filed: May 23, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Robert P. Goodwin, Walsh Robert & Grace, Buffalo, NY, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 31, 2022, Penny J. Stanek 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 bilateral shoulder injuries as a result of the administration of influenza and diphtheria/tetanus vaccinations on November 25, 2019. Petition, ECF No. 1. On December 20, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 24. 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 $12,664.92 (representing $11,750.00 in fees plus $914.92 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed February 13, 2025, ECF No. 28. Furthermore, counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 28 at 2. Respondent reacted to the motion on February 24, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case and that he does not object to the overall amount sought. ECF No. 29. 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. 28-2. 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. Petitioner is awarded attorneys’ fees and costs in the total amount of $12,664.92 (representing $11,750.00 in fees plus $914.92 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 f iling a joint notice renouncing their right to seek review. 2