VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01805 Package ID: USCOURTS-cofc-1_22-vv-01805 Petitioner: Dennis A. Kopolovich Filed: 2022-12-09 Decided: 2024-05-06 Vaccine: influenza Vaccination date: 2021-12-02 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: On December 9, 2022, Dennis A. Kopolovich filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on December 2, 2021. Mr. Kopolovich further alleged that his SIRVA symptoms lasted longer than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Kopolovich sustained a SIRVA Table injury, denied that the flu vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for settlement on April 4, 2024. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the court's decision. Pursuant to the stipulation, Mr. Kopolovich was awarded a lump sum of $25,000.00, payable to him, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim. Petitioner was represented by Edward H. Walter of Jubelirer Pass & Intrieri, P.C., and Respondent was represented by Felicia Langel of the U.S. Department of Justice. The decision was issued on May 6, 2024. Theory of causation field: Petitioner Dennis A. Kopolovich alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination received on December 2, 2021, with residual effects lasting longer than six months. The respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties reached a joint stipulation for settlement, agreeing to an award of $25,000.00. The case was treated as a Table claim. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision was issued by Chief Special Master Brian H. Corcoran on May 6, 2024. Petitioner's counsel was Edward H. Walter, and Respondent's counsel was Felicia Langel. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01805-0 Date issued/filed: 2024-05-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/05/2024) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01805-UNJ Document 34 Filed 05/06/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1805V DENNIS A. KOPOLOVICH, Chief Special Master Corcoran Petitioner, Filed: April 5, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Edward H. Walter, Jubelirer Pass & Intrieri, P.C., Pittsburgh, PA, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 9, 2022, Dennis A. Kopolovich 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 December 2, 2021. Petition at 1; Stipulation, filed at April 4, 2024, ¶¶ 2, 4. Petitioner further alleges that his SIRVA symptoms have lasted longer than six months. Petition at ¶¶ 12; Stipulation at ¶¶ 4. “Respondent denies “that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury or condition; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on April 4, 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. 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-01805-UNJ Document 34 Filed 05/06/24 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $25,000.00 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-01805-UNJ Document 34 Filed 05/06/24 Page 3 of 7 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DENNIS A. KOPOLOVICH, Petitioner, V. No. 22-1805V Chief Special Master Corcoran SECRETARY OF HEAL TH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Dennis A. Kopolovich ("petitioner"), tiled a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (''Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table ("Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the flu vaccine on or about December 2, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained a Shoulder Injury Related to Vaccine Administration ("SI RV A") within the time period set forth in the Table, or in the alternative, that his alleged injury was caused-in-fact by the flu vaccine. Petitioner further alleges that he experienced 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 as a result of his condition. Case 1:22-vv-01805-UNJ Document 34 Filed 05/06/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged shoulder injury, or any other injury or condition; and denies that his 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 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-2 I (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $25,000.00 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-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. I 0. Petitioner and his attorney represent that they have identified to respondent al I known sources of payment for items or services for which the Vaccine Program is not primarily liable under 42 U.S.C. § 300aa-1 S(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act), or entities that provide health services on a pre-paid basis. 2 Case 1:22-vv-01805-UNJ Document 34 Filed 05/06/24 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded pursuant to paragraph 9, wi II be made in accordance with 42 U. S.C. § 300aa-l 5( i) and 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 construction of 42 U.S.C. § 300aa-I 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payment described in paragraph 8, and any amount awarded pursuant to paragraph 9, petitioner, in his individual capacity and on behalf of his heirs, executors, administrators, successors, and/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 Vaccine Program 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 December 2, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about December 9, 2022, in the United States Court of Federal Claims as petition No. 22-1805V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court of Federal Claims on behalf of either or both of the parties. 3 Case 1:22-vv-01805-UNJ Document 34 Filed 05/06/24 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 with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. I6 . 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 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 SI RV A Table injury; that the flu vaccine caused any other injury or condition; or that his 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. END OF STIPULATION 4 Case 1:22-vv-01805-UNJ Document 34 Filed 05/06/24 Page 7 of 7 Respectfully submitted, PETITIONER: /;J~a~t!. DENNIS A. KOPOLOV!-1 ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: ) OF THE ATTORNEY GENERAL: /,,...--/ ,/ ,,,,.- ~ ,-- :/1,(t, ( ~4' EAR1> H. WALTER, ESQ. HEATHER L. PEARLMAN JUBELIRER, PASS & INTRIERI, P.C. Deputy Director 219 Fort Pitt Boulevard Torts Branch Pittsburgh, PA 15222 Civil Division ehw@jpilaw.com U.S. Department of Justice P.O. Box. 146 Benjamin Franklin Station Washington, D.C.20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETA RY OF HEAL TH RESPONDENT: AND HUMAN SERVICES: . 7 rey s• Jeff Digitally signed by Jeffrey ~ S. Beach -5 -S Beach Date: 2024.03.25 14:48:46 tor -04·00· CDR GEORGE REED GRIMES, MD, MPH FELICIA D. ~-- Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, D.C. 20044-0146 5600 Fishers Lam:, 08W-25A felicia.d.langel@usdoj.gov Rockville, MD 20857 71/Yfa'.t DATE 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01805-cl-extra-10735400 Date issued/filed: 2024-05-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268810 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1805V DENNIS A. KOPOLOVICH, Chief Special Master Corcoran Petitioner, Filed: April 5, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Edward H. Walter, Jubelirer Pass & Intrieri, P.C., Pittsburgh, PA, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On December 9, 2022, Dennis A. Kopolovich 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 December 2, 2021. Petition at 1; Stipulation, filed at April 4, 2024, ¶¶ 2, 4. Petitioner further alleges that his SIRVA symptoms have lasted longer than six months. Petition at ¶¶ 12; Stipulation at ¶¶ 4. “Respondent denies “that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury or condition; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on April 4, 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. 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 $25,000.00 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 ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DENNIS A. KOPOLOVICH, Petitioner, V. No. 22- 1805V Chief Special Master Corcoran SECRETARY OF HEAL TH AND EC F HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Denn is A. Kopolovich ("petitioner"), tiled a petition for vaccine compensation under the Nationa l Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (''Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table ("Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the flu vaccine on or about December 2, 2021 . 3. The vaccine was admin istered within the United States. 4. Petitioner alleges that he sustained a Shoulder Injury Related to Vaccine Administration ("SI RV A") within the time period set forth in the Table, or in the alternative, that his alleged injury was caused-in-fact by the flu vaccine. Petitioner further alleges that he experienced 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 as a result of his condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged shoulder injury, or any other injury or condition; and denies that his 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 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-2 I (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $25,000.00 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-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. I0. Petitioner and his attorney represent that they have identified to respondent al I known sources of payment for items or services for which the Vaccine Program is not primarily liable under 42 U.S.C. § 300aa-1 S(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act), or entities that provide health services on a pre-paid basis. 2 11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded pursuant to paragraph 9, wi II be made in accordance with 42 U.S.C. § 300aa- l 5( i) and 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 construction of 42 U.S.C. § 300aa- I 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payment described in paragraph 8, and any amount awarded pursuant to paragraph 9, petitioner, in his individual capacity and on behalf of his heirs, executors, administrators, successors, and/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 Vaccine Program 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 December 2, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about December 9, 2022, in the United States Court of Federal Claims as petition No. 22-1805V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court of Federal Claims 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 with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. I6. 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 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, furth er, 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 SI RV A Table injury; that the flu vaccine caused any other injury or condition; or that his 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. END OF STIPULATION 4 Respectfully submitted, PETITIONER: /;J~a~t!. DENNIS A. KOPOLOV!-1 ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ,/ ,,,,.- /,,...--/ ~ ) ,-- ( ~4' :/1,(t, EAR1> H. WALTER, ESQ. HEATHER L. PEARLMAN JUBELIRER, PASS & INTRIERI, P.C. Deputy Director 219 Fort Pitt Boulevard Torts Branch Pittsburgh, PA 15222 Civil Division ehw@jpilaw.com U.S. Department of Justice P.O. Box. 146 Benjamin Franklin Station Washington, D.C.20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey s• ~ .7 Digitally signed by Jeffrey S. Beach -5 Beach -S Date: 2024.03.25 14:48:46 -04·00· tor CDR GEORGE REED GRIM ES, MD, MPH FELICIA D. ~ - - Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, D.C. 20044-0146 5600 Fishers Lam:, 08W-25A felicia.d.langel@usdoj .gov Rockville, MD 20857 DATE 71/Yfa'.t 5 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01805-cl-extra-10774386 Date issued/filed: 2025-01-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10307798 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1805V DENNIS A. KOPOLOVICH, Chief Special Master Corcoran Petitioner, v. Filed: December 5, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Edward H. Walter, Jubelirer Pass & Intrieri, P.C., Pittsburgh, PA, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 9, 2022, Dennis A. Kopolovich 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 he suffered a shoulder injury related to vaccine administration following an influenza vaccination he received on December 2, 2021. Petition, ECF No. 1. On April 5, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 30. 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 $27,449.65 (representing $20,141.00 in fees plus $7,308.65 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed May 7, 2024, ECF No. 35. Furthermore, Petitioner represents that he incurred no personal out-of-pocket expenses. ECF No. 35- 3. Respondent reacted to the motion on June 18, 2024, stating 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. 39. 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. 35-2. Respondent offered no specific objection to the rates or amounts sought. ATTORNEY COSTS Petitioner requests $7,308.65 in overall costs. ECF No. 74-1. This amount is comprised of obtaining medical records, expert fees, shipping costs, and the Court’s filing fee. The total also includes the amount of $5,500.00 for the expert work of Dr. Uma Srikumaran, M.D. ECF No. 35-2. Dr. Srikumaran was retained to analyze and summarize medical records related to Petitioner’s injury at the hourly rate of $1,000.00 for such services. The time billed by Dr. Srikumaran [5.5 hours] was reasonable in light of the work produced in this case. Furthermore, Dr. Srikumaran provided a detailed description of the hours he expended with accompanying dates showing when the work was performed. ECF No. 35-2 at 4-5. And the overall amount sought for his work in this case was reasonable, given that his expert opinion was invaluable when reaching an appropriate resolution in this matter. 3 Thus, I hereby award the full amount of costs requested herein. 3 I do not, however, endorse Dr. Srikumaran’s hourly rate f or all f uture cases, or f ollow the reasoning in Aycock v. Secretary of Health & Hum. Servs., No. 19-235V, 2023 WL 8869423 (Fed. Cl. Spec. Mstr. Nov. 8, 2023). Rather, I will award the sum requested based on its overall magnitude – not on acceptance of the requested hourly rate, which is inordinately high f or a Vaccine Program expert. 2 CONCLUSION 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 $27,449.65 (representing $20,141.00 in fees plus $7,308.65 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Edward H. Walter. 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. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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. 3