VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01722 Package ID: USCOURTS-cofc-1_22-vv-01722 Petitioner: Karl Wittmann Filed: 2022-11-21 Decided: 2025-04-03 Vaccine: influenza Vaccination date: 2020-10-20 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: On November 21, 2022, Karl Wittmann filed a petition alleging that an influenza vaccination administered on October 20, 2020 caused a shoulder injury related to vaccine administration. Respondent denied that Mr. Wittmann sustained a Table SIRVA, denied vaccine causation, and denied that his current condition was a sequela of vaccination. The public stipulation materials do not describe his first symptom, onset interval, clinical examinations, imaging, injections, therapy, or limitations. Chief Special Master Brian H. Corcoran adopted the parties' stipulation on April 3, 2025. The compensation totaled $15,000.00: $12,537.40 payable to Mr. Wittmann and $2,462.60 payable jointly to Mr. Wittmann and the Centers for Medicare and Medicaid Services to satisfy a Medicaid lien. Theory of causation field: Adult petitioner; influenza vaccine October 20, 2020; alleged SIRVA. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae. Award $15,000.00 = $12,537.40 to petitioner + $2,462.60 CMS/Medicaid lien. SM Corcoran April 3, 2025. Petition filed November 21, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01722-0 Date issued/filed: 2025-05-06 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 04/03/2025) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01722-UNJ Document 39 Filed 05/06/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1722V KARL WITTMANN, Chief Special Master Corcoran Petitioner, Filed: April 3, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 21, 2022, Karl Wittmann 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) following an influenza vaccination he received on October 20, 2020. Petition at 1; Stipulation, filed at April 3, 2025, ¶¶ 2, 4. Petitioner further alleges that “his SIRVA symptoms persisted for more than six months.” Petition at ¶ 8; Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused Petitioner to suffer a right shoulder injury or any other injury or his current condition, and denies that Petitioner sustained a SIRVA Table injury.” Stipulation at ¶ 6. Nevertheless, on April 3, 2025, 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. 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-01722-UNJ Document 39 Filed 05/06/25 Page 2 of 8 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $12,537.40, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8A. • A lump sum of $2,462.60, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of New York, in the form of a check payable jointly to Petitioner and the Department of Social Services at: New York City Human Resources Administration, Division of Liens and Recovery, Recovery Case ID# 237418, P.O. Box 414799, Boston, MA 02241-4799. Stipulation at ¶ 8B. These amounts represent 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 inesign DocumentC IDas: e1 010:242D-7v9v-10-137E2F29--4UN6BJ C - 84Do5c8u-m8CeFnCt 3D97 F 9 F8i6le8d1 0 5/06/25 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) KARL WITIMANN, ) ) Petitioner, ) No. 22-1722V (ECF) ) v. ) Chief Special Master Corcoran ) SPU SECRETARY OF HEALT H ) AND HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Karl Wittmann, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influem.a ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table''), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on October 20, 2020. 3. The vaccination was administered within the United States. 4. Petitioner alleges that he sustained a Shoulder Injury Related to Vaccine Administration ("SIRVA") as defined in the Table; he further alleges that the flu vaccine caused his alleged shoulder injury, and that he suffered the residual effects of his alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. he signed document can be validated at https://app.vinesign.comNerify Case 1:22-vv-01722-UNJ Document 39 Filed 05/06/25 Page 4 of 8 6. Respondent denies that the flu vaccine caused petitioner to suffer a right shoulder injury or any other injury or his current condition, and denies that petitioner sustained a SIRVA Table 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•2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum payment of $12,537.40 to be paid through an ACH deposit to petitioner's counsel's IOLT A account for prompt disbursement to petitioner. B. A lump sum of $2,462.60, representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of New York, in the fonn of a check payable jointly to petitioner and the Department of Social Services: New York City Human Resources Administration Division of Liens and Recovery Recovery Case ID#: 237418 P.O. Box 414799 Boston, MA 02241-4799 Petitioner agrees to endorse this check to the Department of Social Services. These amounts represent 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 2 Case 1:22-vv-01722-UNJ Document 39 Filed 05/06/25 Page 5 of 8 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 attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and his 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-15(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 th.an 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. 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 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 unreimbursed expenses, the money provided pursuant to this Stipulation wiU 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 his individual capacity, and on behalf of his 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 3 Case 1:22-vv-01722-UNJ Document 39 Filed 05/06/25 Page 6 of 8 brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 20, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about November 21, 2022, in the United States Court of Federal Claims as petition No. 22• l 722V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable 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 confonnity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the 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 otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement 17. This StipuJation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused or significantly aggravated petitioner's alleged shoulder injury, or any other injury or his current condition. 4 Case 1:22-vv-01722-UNJ Document 39 Filed 05/06/25 Page 7 of 8 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or ~igns. END OF STIPULATION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5 Case 1:22-vv-01722-UNJ Document 39 Filed 05/06/25 Page 8 of 8 Respectfully submitted, PETITIONER: KARL WITTMANN ATTORNEY OF RECORD FOR AlITHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ·~~MAN~ Counsel for Petitioner Deputy Director Muller Brazil Torts Branch, Civil Division 715 Twinning Road, Suite 208 U.S. Department of Justice Dresher, PA 19025 P.O. Box 146 Paul@mullerbrazil.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. ~~~~~ned by Jeffrey Beach _ 5 :,~202s.02.1210:16:21 for ~AYAS.DA7 =: CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services (202) 307-181S 5600 Fishers Lane, 08W-25A kimberly.davey@usdoj.gov Rockville, MD 20857 6 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01722-cl-extra-11004615 Date issued/filed: 2025-05-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10538027 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1722V KARL WITTMANN, Chief Special Master Corcoran Petitioner, Filed: April 3, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On November 21, 2022, Karl Wittmann 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) following an influenza vaccination he received on October 20, 2020. Petition at 1; Stipulation, filed at April 3, 2025, ¶¶ 2, 4. Petitioner further alleges that “his SIRVA symptoms persisted for more than six months.” Petition at ¶ 8; Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused Petitioner to suffer a right shoulder injury or any other injury or his current condition, and denies that Petitioner sustained a SIRVA Table injury.” Stipulation at ¶ 6. Nevertheless, on April 3, 2025, 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. 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). Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $12,537.40, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8A. • A lump sum of $2,462.60, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of New York, in the form of a check payable jointly to Petitioner and the Department of Social Services at: New York City Human Resources Administration, Division of Liens and Recovery, Recovery Case ID# 237418, P.O. Box 414799, Boston, MA 02241-4799. Stipulation at ¶ 8B. These amounts represent 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 inesign Document ID: 1004D791-3EF9-46BC-8458-8CFCD7F98681 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) KARL WITIMANN, ) ) Petitioner, ) ) No. 22-1722V (ECF) v. ) Chief Special Master Corcoran ) SPU SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Karl Wittmann, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influem.a ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table''), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on October 20, 2020. 3. The vaccination was administered within the United States. 4. Petitioner alleges that he sustained a Shoulder Injury Related to Vaccine Administration ("SIRVA") as defined in the Table; he further alleges that the flu vaccine caused his alleged shoulder injury, and that he suffered the residual effects of his alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. he signed document can be validated at https://app.vinesign.comNerify 6. Respondent denies that the flu vaccine caused petitioner to suffer a right shoulder injury or any other injury or his current condition, and denies that petitioner sustained a SIRVA Table 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•2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum payment of $12,537.40 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. B. A lump sum of $2,462.60, representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of New York, in the fonn of a check payable jointly to petitioner and the Department of Social Services: New York City Human Resources Administration Division of Liens and Recovery Recovery Case ID#: 237418 P.O. Box 414799 Boston, MA 02241-4799 Petitioner agrees to endorse this check to the Department of Social Services. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 2 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 attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and his 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-15(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 th.an 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. 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 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 unreimbursed expenses, the money provided pursuant to this Stipulation wiU 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 his individual capacity, and on behalf of his 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 3 brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 20, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about November 21, 2022, in the United States Court of Federal Claims as petition No. 22• l 722V. 14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable 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 confonnity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the 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 otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement 17. This StipuJation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused or significantly aggravated petitioner's alleged shoulder injury, or any other injury or his current condition. 4 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or ~igns. END OF STIPULATION I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 5 Respectfully submitted, PETITIONER: KARL WITTMANN ATTORNEY OF RECORD FOR AlITHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ·~~MAN~ Counsel for Petitioner Deputy Director Muller Brazil Torts Branch, Civil Division 715 Twinning Road, Suite 208 U.S. Department of Justice Dresher, PA 19025 P.O. Box 146 Paul@mullerbrazil.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. ~~~~~ned by Jeffrey Beach _5 :,~202s.02.1210:16:21 for CAPT GEORGE REED GRIMES, MD, MPH ~ A YS.DA A7=: Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services (202) 307-181S 5600 Fishers Lane, 08W-25A kimberly.davey@usdoj.gov Rockville, MD 20857 6 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01722-cl-extra-11137165 Date issued/filed: 2025-09-11 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10670578 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1722V CORRECTED KARL WITTMANN, Chief Special Master Corcoran Petitioner, Filed: August 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS1 On November 21, 2022, Karl Wittmann 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 he suffered a shoulder injury related to vaccine administration following an influenza vaccine he received on October 20, 2020. Petition, ECF No. 1. On April 3, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 35. 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 $18,906.21 (representing $18,065.80 in fees plus $840.41 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 24, 2025, ECF No. 40. Furthermore, counsel for Petitioner represents that no personal out-of-pocket expenses were incurred by the Petitioner. Motion, at 2. Respondent reacted to the motion on June 24, 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. Response at 2, 4. ECF No. 41. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded herein. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. Motion, Exhibit B at 15-24. 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 $18,906.21 (representing $18,065.80 in fees plus $840.41 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