VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01081 Package ID: USCOURTS-cofc-1_23-vv-01081 Petitioner: Britney Vaughn Filed: 2023-07-14 Decided: 2024-08-14 Vaccine: influenza Vaccination date: 2022-01-11 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 66032 AI-assisted case summary: Britney Vaughn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on January 11, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Vaughn is entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. Subsequently, a Ruling on Entitlement was issued on May 3, 2024, finding Ms. Vaughn entitled to compensation. On July 12, 2024, the respondent filed a Proffer on award of compensation, which Ms. Vaughn agreed to. The court awarded Ms. Vaughn a lump sum of $62,500.00 for pain and suffering and an additional $3,532.80 to satisfy the State of Virginia Medicaid lien. These amounts represent compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01081-0 Date issued/filed: 2024-06-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/03/2024) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01081-UNJ Document 22 Filed 06/06/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1081V BRITNEY VAUGHN, Chief Special Master Corcoran Petitioner, v. Filed: May 3, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 14, 2023, Britney Vaughn 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”) as the result of an influenza (“flu”) vaccination which she received on January 11, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 29, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). 1 Because this Ruling 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 Ruling 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 1:23-vv-01081-UNJ Document 22 Filed 06/06/24 Page 2 of 2 Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01081-cl-extra-10735096 Date issued/filed: 2024-06-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268506 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1081V BRITNEY VAUGHN, Chief Special Master Corcoran Petitioner, v. Filed: May 3, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 14, 2023, Britney Vaughn 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”) as the result of an influenza (“flu”) vaccination which she received on January 11, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 29, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Id. at 5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). 1 Because this Ruling 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 Ruling 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). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01081-1 Date issued/filed: 2024-08-14 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/12/2024) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01081-UNJ Document 32 Filed 08/14/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1081V BRITNEY VAUGHN, Chief Special Master Corcoran Petitioner, v. Filed: July 12, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On July 14, 2023, Britney Vaughn 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 (“SIRVA”) as the result of an influenza (“flu”) vaccination which she received on January 11, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 3, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On July 12, 2024, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with the 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 1:23-vv-01081-UNJ Document 32 Filed 08/14/24 Page 2 of 5 proffered award. Id. at 1 – 2. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the Proffer, I award the following compensation: A. A lump sum of $62,500.00 (for pain and suffering) in the form of a check payable to Petitioner. B. A lump sum payment of $3,532.80, representing compensation for satisfaction of the State of Virginia Medicaid lien, in the form of a check payable jointly to Petitioner and: Department of Medical Assistance Services Accounts Receivable Unit, TPLC, 8th Floor 600 E. Broad Street Richmond, VA 23219 RE: Invoice #251805 Petitioner agrees to endorse the check to the Department of Medical Assistance Services for satisfaction of the Medicaid lien. Proffer at 2. These amounts represent compensation for all damages that would be available under Section 15(a). Id. 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 1:23-vv-01081-UNJ Document 32 Filed 08/14/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) BRITNEY VAUGHN, ) ) ) Petitioner, ) ) No. 23-1081V v. ) Chief Special Master Corcoran (SPU) ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION On April 29, 2024, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. ECF No. 17. Accordingly, on May 3, 2024, the Chief Special Master issued a Ruling on Entitlement. ECF No. 20. I. Compensation for Vaccine Injury-Related Items A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $62,500.00 for pain and suffering, in the form of a check payable to petitioner. Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Virginia Medicaid lien in the amount of $3,532.80, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Virginia may have against any individual as a result of any Medicaid payments the State of Virginia has made to or on Case 1:23-vv-01081-UNJ Document 32 Filed 08/14/24 Page 4 of 5 behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about January 11, 2022, under Title XIX of the Social Security Act. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 A. A lump sum payment of $62,500.00 in the form of a check payable to petitioner; and B. A lump sum payment of $3,532.80, representing compensation for satisfaction of the State of Virginia Medicaid lien, in the form of a check payable jointly to petitioner and: Department of Medical Assistance Services Accounts Receivable Unit, TPLC, 8th Floor 600 E. Broad Street Richmond, VA 23219 RE: Invoice #251805 Petitioner agrees to endorse the check to the Department of Medical Assistance Services for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 2 Case 1:23-vv-01081-UNJ Document 32 Filed 08/14/24 Page 5 of 5 C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division s/ Kimberly S. Davey KIMBERLY S. DAVEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 307-1815 Email: Kimberly.Davey@usdoj.gov DATED: July 12, 2024 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01081-cl-extra-10734515 Date issued/filed: 2024-08-14 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267925 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1081V BRITNEY VAUGHN, Chief Special Master Corcoran Petitioner, v. Filed: July 12, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On July 14, 2023, Britney Vaughn 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 (“SIRVA”) as the result of an influenza (“flu”) vaccination which she received on January 11, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 3, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On July 12, 2024, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with the 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). proffered award. Id. at 1 – 2. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the Proffer, I award the following compensation: A. A lump sum of $62,500.00 (for pain and suffering) in the form of a check payable to Petitioner. B. A lump sum payment of $3,532.80, representing compensation for satisfaction of the State of Virginia Medicaid lien, in the form of a check payable jointly to Petitioner and: Department of Medical Assistance Services Accounts Receivable Unit, TPLC, 8th Floor 600 E. Broad Street Richmond, VA 23219 RE: Invoice #251805 Petitioner agrees to endorse the check to the Department of Medical Assistance Services for satisfaction of the Medicaid lien. Proffer at 2. These amounts represent compensation for all damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) BRITNEY VAUGHN, ) ) ) Petitioner, ) ) No. 23-1081V v. ) Chief Special Master Corcoran (SPU) ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION On April 29, 2024, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. ECF No. 17. Accordingly, on May 3, 2024, the Chief Special Master issued a Ruling on Entitlement. ECF No. 20. I. Compensation for Vaccine Injury-Related Items A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $62,500.00 for pain and suffering, in the form of a check payable to petitioner. Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Virginia Medicaid lien in the amount of $3,532.80, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Virginia may have against any individual as a result of any Medicaid payments the State of Virginia has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about January 11, 2022, under Title XIX of the Social Security Act. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 A. A lump sum payment of $62,500.00 in the form of a check payable to petitioner; and B. A lump sum payment of $3,532.80, representing compensation for satisfaction of the State of Virginia Medicaid lien, in the form of a check payable jointly to petitioner and: Department of Medical Assistance Services Accounts Receivable Unit, TPLC, 8th Floor 600 E. Broad Street Richmond, VA 23219 RE: Invoice #251805 Petitioner agrees to endorse the check to the Department of Medical Assistance Services for satisfaction of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 2 C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. Assistant Director Torts Branch, Civil Division s/ Kimberly S. Davey KIMBERLY S. DAVEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 307-1815 Email: Kimberly.Davey@usdoj.gov DATED: July 12, 2024 3 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-01081-cl-extra-10772083 Date issued/filed: 2024-12-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10305495 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1081V BRITNEY VAUGHN, Chief Special Master Corcoran Petitioner, v. Filed: November 21, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On July 14, 2023, Britney Vaughn 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 as the result of an influenza vaccination which she received on January 11, 2022. Petition, ECF No. 1. On July 12, 2024, I issued a decision awarding compensation to Petitioner based on Respondent’s proffer. ECF No. 25. 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 $26,989.28 (representing $26,211.20 in fees plus $778.08 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed July 15, 2024, ECF No. 29. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 29-4. Respondent reacted to the motion on July 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 2-4, ECF No. 30. Thereafter, Petitioner indicated that she does not intend on filing a substantiv e reply. ECF No. 31. 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. 29-3. 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 $26,989.28 (representing $26,211.20 in fees plus $778.08 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, John R. Howie, Jr. 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