VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01688 Package ID: USCOURTS-cofc-1_22-vv-01688 Petitioner: Frances Kerr Filed: 2022-11-16 Decided: 2024-06-17 Vaccine: influenza Vaccination date: 2020-09-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 22500 AI-assisted case summary: Frances Kerr filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 2, 2020. She claimed the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for this condition. Respondent denied that Petitioner sustained a Table SIRVA within the specified timeframe and denied that the flu immunization caused or significantly aggravated her alleged shoulder injury. Despite these positions, the parties filed a joint stipulation agreeing to settle the case. The court adopted the stipulation, awarding Frances Kerr a lump sum of $22,500.00 as compensation for all items of damages available under the program. This award represents a compromise of the parties' respective positions on liability and damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01688-0 Date issued/filed: 2024-06-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/15/2024) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01688-UNJ Document 33 Filed 06/17/24 Page 1 of 7 (cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1688V FRANCES KERR, Chief Special Master Corcoran Petitioner, Filed: May 15, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 16, 2022, Frances Kerr filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) following an influenza (“flu”) vaccine administered on September 2, 2020. Petition at 1; Stipulation, filed at May 9, 2024, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced 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 for damages as a result of her condition. Petition at 1, 6; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained a Table SIRVA within the timeframe set forth in the Table; and denies that the flu immunization caused or significantly aggravated Petitioner’s alleged shoulder injury and/or any other 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-01688-UNJ Document 33 Filed 06/17/24 Page 2 of 7 Nevertheless, on May 9, 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 $22,500.00 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-01688-UNJ Document 33 Filed 06/17/24 Page 3 of 7 I~ THE rNITED STATES corRT OF FEDER.\L CLAI\IS OFFICE OF SPECIAL MASTERS FRANCES KERR, Petitioner. No. 22-1688\ \". Chief Special ~faster Brian H. Corcornn SECRETARY OF HEALTH AND ECF HUMAN SERVICES. Respondent. STIPrLA TIO~ The parties hereby stipulate to the following matters: l. Frnnces Kerr (" petitioner'") filed a petition for ,·accine compensation under the National Vaccine Injury Compensation Program. 42 l .S.C. § 300aa-10 to 34 (the ··Vaccine Progrnm''). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu'') rnccine. which vaccine is contained in the \'accine Injury Table (the .. Table''), 42 C.F.R. § l00J(a). 2. Petitioner received a t1u Yaccine on or about September 2. 2020. in her right upper extremity. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a right-sided shoulder inju1y related to Yaccine ndministrntion (''SIRVA") within the time period set forth in the Table and that she experienced the residual effects of this injury for more than six months. 5. Petitioner represents that there has been no prior mYard or settlement of a ciYil action for damages as a result of her condition. Case 1:22-vv-01688-UNJ Document 33 Filed 06/17/24 Page 4 of 7 6. Respondent denies that petitioner sustained a Table SIRVA within the timeframe set forth in the Table: and denies that the flu immunization caused or significantly aggraYated petitioner" s alleged shoulder injmy ai1d1or any other injury. 7 . .Maintaining their aboYe-stated positions. the parties neYertheless 110\Y agree that the issues between them shall be settled and that a decision should be entered mnmling the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an ent1y of judgment reflecting a decision consistent with the terms of this Stipulation. and after petitioner has filed an election to receiYe compensation pursuant to 42 U.S.C. § 300aa-2 l(a)( l ). the Secretaiy of Health and Human Sen·ices ,..,.ill issue the follo\\·ing \'accine compensation payment: A lump sum of $22,500.00 in the form of a check payable to petitioner. This amount represents all compensation for damages that would be aYailable under 42 lT.S.C. § 300aa-15(a) for injuries allegedly related to petitioner's receipt of the flu Yaccine. 9. As soon as practicable after the entiy 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)(l ). and an application. the parties will submit to further proceedings before the special master to award reasonable attorneys· fees and costs incurred in proceeding upon this petition. • 10. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g). including State compensation programs. insurance policies. Federal or State health benefits programs (other than Title XIX of the Social Security Act H2 l .S.C. § 1396 et seq.)). or entities that pro\'ide health ser\'ices on a pre-paid basis. 2 Case 1:22-vv-01688-UNJ Document 33 Filed 06/17/24 Page 5 of 7 11. Payment made pursuant to paragraph S and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with-42 l .S.C. § 300aa-15(i). subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that. except for any award for attorneys· fees and litigation costs. and past unreimbursable expenses. the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict constrnction 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 and or assigns. does forever irrevocably and unconditionally release. acquit and discharge the United States and the Secretaiy 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 ,vhatever 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 gro\\·ing out of. any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from. or alleged to have resulted from. the flu vaccination administered on or about September 2. 2020. as alleged by petitioner in a petition for vaccine compensation filed on or about November 16. 2022. in the United States Court of Federal Claims as petition No. 22- 1688\'. 1-4. 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-01688-UNJ Document 33 Filed 06/17/24 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity \Yith the terms of this Stipulation. then the parties· settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood\ accine Injury Act of 1986. as amended. except as otherwise noted in paragraph 9 aboYe. 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 dearly 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 andior amount of damages. and further. that a change in the nature of the injmy or condition or in the items of compensation sought. is not grounds to modify or reYise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Hmn::rn Services that the flu \·accine caused petitioner's alleged shoulder injury. arn.Vor any other injmy. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner"s heirs. executors. administrators. successors. and or assigns. END OF STIPULATION 4 Case 1:22-vv-01688-UNJ Document 33 Filed 06/17/24 Page 7 of 7 Respectfully submitted. PETITIONER: FRANCES KERR ATTOR:\'EY OF RECORD FOR ArTHORIZED REPRESE:\'TATIYE PETITIOIXER: OF THE ATTOR:\'EY GEIXERAL: 'iitfH~g~L~ Deputy Director 75 South Broadway. 4th Floor Torts Branch \\"hite Plains. New York 10601 CiYil Division 1914) 729-1110 U.S. Depai1ment of Justice jim@vaccinelawyers.com P.O. Box 146 Benjamin Frnuklin Station \V ashington. DC .20044-0146 Al"THORIZED REPRESENTATIVE ATTOR.~EYOFRECORDFOR OF THE SECRETARY OF HEALTH RESPOIXDE~T: A:\'D Hrl\IsA~ SERVICES: ffrey Je D1gllally signed by • Jeffrey S. Beach •S Be ac h -S. Date: 2024.05.02 for 09:26:36 -0400' CDR GEORGE REED GRIMES. tvID, .MPH Director. Di,·ision of Injmy Senior Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Ci,·il Division Health Resources and Ser,;ices U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Frnnkliu Station and Human Sen·ices \Va shington. DC 20044-0146 5600 Fishers Lnne. 08\V-.25A (202) 616-9847 Rochille. MD 20857 ryan. pyles@usdoj.gov 4 ~ 202f Dared 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01688-cl-extra-10734997 Date issued/filed: 2024-06-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268407 -------------------------------------------------------------------------------- $033&$5&% In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1688V FRANCES KERR, Chief Special Master Corcoran Petitioner, Filed: May 15, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On November 16, 2022, Frances Kerr filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) following an influenza (“flu”) vaccine administered on September 2, 2020. Petition at 1; Stipulation, filed at May 9, 2024, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced 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 for damages as a result of her condition. Petition at 1, 6; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained a Table SIRVA within the timeframe set forth in the Table; and denies that the flu immunization caused or significantly aggravated Petitioner’s alleged shoulder injury and/or any other 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 May 9, 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 $22,500.00 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 I~ THE rNITED STATES corRT OF FEDER.\L CLAI\IS OFFICE OF SPECIAL MASTERS FRANCES KERR, Petitioner. \". No. 22-1688\ Chief Special ~faster Brian H. Corcornn SECRETARY OF HEALTH AND ECF HUMAN SERVICES. Respondent. STIPrLA TIO~ The parties hereby stipulate to the following matters: l. Frnnces Kerr ("petitioner'") filed a petition for ,·accine compensation under the National Vaccine Injury Compensation Program. 42 l .S .C. § 300aa-10 to 34 (the ··Vaccine Progrnm''). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu'') rnccine. which vaccine is contained in the \'accine Injury Table (the .. Table''), 42 C.F.R. § l00J(a). 2. Petitioner received a t1u Yaccine on or about September 2. 2020. in her right upper extremity. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a right-sided shoulder inju1y related to Yaccine ndministrntion (''SIRVA") within the time period set forth in the Table and that she experienced the residual effects of this injury for more than six months. 5. Petitioner represents that there has been no prior mYard or settlement of a ciYil action for damages as a result of her condition. 6. Respondent denies that petitioner sustained a Table SIRVA within the timeframe set forth in the Table: and denies that the flu immunization caused or significantly aggraYated petitioner" s alleged shoulder injmy ai1d 1or any other injury. 7. .Maintaining their aboYe-stated positions. the parties neYertheless 110\Y agree that the issues between them shall be settled and that a decision should be entered mnmling the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an ent1y of judgment reflecting a decision consistent with the terms of this Stipulation. and after petitioner has filed an election to receiYe compensation pursuant to 42 U.S.C. § 300aa-2 l(a)( l ). the Secretaiy of Health and Human Sen·ices ,..,.ill issue the follo\\·ing \'accine compensation payment: A lump sum of $22,500.00 in the form of a check payable to petitioner. This amount represents all compensation for damages that would be aYailable under 42 lT.S.C. § 300aa-15(a) for injuries allegedly related to petitioner's receipt of the flu Yaccine. 9. As soon as practicable after the entiy 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)(l ). and an application. the parties will submit to further proceedings before the special master to award reasonable attorneys· fees and costs incurred in proceeding upon this petition. • 10. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g). including State compensation programs. insurance policies. Federal or State health benefits programs (other than Title XIX of the Social Security Act H2 l .S.C. § 1396 et seq.)). or entities that pro\'ide health ser\'ices on a pre-paid basis. 2 11. Payment made pursuant to paragraph S and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with-42 l .S.C. § 300aa-15(i). subject to the availability of sufficient statutory fund s. 12. The parties and their attorneys further agree and stipulate that. except for any award for attorneys· fee s 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 constrnction 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 and or assigns. does forever irrevocably and unconditionally release. acquit and discharge the United States and the Secretaiy 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 ,vhatever 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 gro\\·ing out of. any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from. or alleged to have resulted from. the flu vaccination administered on or about September 2. 2020. as alleged by petitioner in a petition for vaccine compensation filed on or about November 16. 2022. in the United States Court of Federal Claims as petition No. 22- 1688\'. 1-4. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity \Yith the terms of this Stipulation. then the parties· settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood\ accine Injury Act of 1986. as amended. except as otherwise noted in paragraph 9 aboYe. 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 dearly 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 ior amount of damages. and further. that a change in the nature of the injmy or condition or in the items of compensation sought. is not grounds to modify or reYise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Hmn::rn Services that the flu \·accine caused petitioner's alleged shoulder injury. arn.Vor any other injmy. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner" s heirs. executors. administrators. successors. and or assigns. END OF STIPULATION 4 Respectfully submitted. PETITIONER: FRANCES KERR ATTOR:\'EY OF RECORD FOR ArTHORIZED REPRESE:\'TATIYE PETITIOIXER: OF THE ATTOR:\'EY GEIXERAL: 'iitfH~ g ~ L ~ Deputy Director 75 South Broadway. 4th Floor Torts Branch \\"hite Plains. New York 10601 CiYil Division 1914) 729-1 110 U.S. Depai1ment of Justice jim@vaccinelawyers.com P.O. Box 146 Benjamin Frnuklin Station \V ashington. D C .20044-0146 Al"THORIZED REPRESENTATIVE ATTOR.~EYOFRECORDFOR OF THE SECRETARY OF HEALTH RESPOIXDE~T: A:\'D Hrl\IA~ SERVICES: Je ffrey s • D1gllally signed by Jeffrey S. Beach •S Beach -.S Date: 2024.05.02 09:26:36 -0400' for CDR GEORGE REED GRIMES. tvID, .MPH Director. Di,·ision of Injmy Senior Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Ci,·il Division Health Resources and Ser,;ices U.S . Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Frnnkliu Station and Human Sen·ices \Vashington. DC 20044-0146 5600 Fishers Lnne. 08\V-.25A (202) 616-9847 Rochille. MD 2085 7 ryan. pyles@usdo j.gov Dared ~ 4202f 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01688-cl-extra-10734062 Date issued/filed: 2024-10-08 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267472 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1688V FRANCES KERR, Chief Special Master Corcoran Petitioner, v. Filed: August 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 16, 2022, Frances Kerr 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 administered on September 2, 2020. Petition, ECF No. 1. On May 15, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 27. 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 $46,896.57 (representing $45,302.70 in fees plus $1,593.87 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed May 16, 2024, ECF No. 31. Furthermore, Petitioner filed a signed statement indicating that Petitioner incurred no personal out-of- pocket expenses. Motion at 31-3. Respondent reacted to the motion on May 16, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 32. Thereafter, Petitioner stated that she does not intend on filing a substantive reply. ECF No. 40. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2023 are reasonable and consistent with our prior determinations, and will therefore be adopted. Petitioner has also requested the hourly rate of $420 for 2024 work performed by attorney Jennifer Sayad, representing a rate increase of $42; Motion at 2. In light of Ms. Sayad’s experience, the requested increase appears reasonable and I hereby award it herein. Furthermore, Petitioner has provided supporting documentation for all claimed costs. Motion at 31-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $46,896.57 (representing $45,302.70 in fees plus $1,593.87 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Jimmy A. Zgheib. 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