VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01907 Package ID: USCOURTS-cofc-1_23-vv-01907 Petitioner: Clare Archer Filed: 2023-10-27 Decided: 2025-07-30 Vaccine: influenza Vaccination date: 2020-10-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 72751.76 AI-assisted case summary: On October 27, 2023, Clare Archer filed a petition alleging that an influenza vaccine administered on October 30, 2020 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement in January 2025, agreeing that Ms. Archer's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that the legal prerequisites for compensation were met. The public entitlement and damages documents do not describe the first symptom, medical visits, imaging, injections, therapy, or residual limitations. Chief Special Master Brian H. Corcoran found entitlement on January 22, 2025. On July 30, 2025, he awarded $70,000.00 for pain and suffering and $2,751.76 in unreimbursed expenses, for a total lump sum of $72,751.76. Theory of causation field: Influenza vaccine October 30, 2020 causing Table SIRVA; adult, exact age not stated; onset within Table period. ENTITLEMENT CONCEDED; COMPENSATED. Public documents lack detailed clinical chronology. Award $70,000 pain/suffering + $2,751.76 expenses = $72,751.76. Chief SM Brian H. Corcoran; petition October 27, 2023; entitlement January 22, 2025; damages July 30, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01907-0 Date issued/filed: 2025-02-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2025) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01907-UNJ Document 27 Filed 02/24/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1907V CLARE ARCHER, Chief Special Master Corcoran Petitioner, v. Filed: January 22, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 27, 2023, Clare Archer 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 received on October 30, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 21, 2025, 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 6 (citing 42 C.F.R. §§ 100.3(a), 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-01907-UNJ Document 27 Filed 02/24/25 Page 2 of 2 (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. (internal citations omitted). 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-01907-cl-extra-10804641 Date issued/filed: 2025-02-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10338053 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1907V CLARE ARCHER, Chief Special Master Corcoran Petitioner, v. Filed: January 22, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Phyllis Widman, Widman Law Firm, LLC, Northfield, NJ, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 27, 2023, Clare Archer 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 received on October 30, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 21, 2025, 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 6 (citing 42 C.F.R. §§ 100.3(a), 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). (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. (internal citations omitted). 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-01907-1 Date issued/filed: 2025-09-09 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/30/2025 ) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01907-UNJ Document 48 Filed 09/09/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1907V CLARE ARCHER, Chief Special Master Corcoran Petitioner, v. Filed: July 30, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Nathan Joseph Marchese, Siri & Glimstad LLP, Los Angeles, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On October 27, 2023, Clare Archer 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 received on October 30, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 22, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On July 29, 2025, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with 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-01907-UNJ Document 48 Filed 09/09/25 Page 2 of 5 the 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 attached proffer, Petitioner is awarded a lump sum of $72,751.76 (representing $70,000.00 for pain and suffering, and $2,751.76 for past unreimbursable expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Proffer at 1. This amount represents 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-01907-UNJ Document 48 Filed 09/09/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) CLARE ARCHER, ) ) Petitioner, ) ) No. 23-1907 v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 27, 2023, Clare Archer (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as the result of an influenza (“flu”) vaccination received on October 30, 2020. Petition at 1. On January 21, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on January 22, 2025 the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 23 & 25. I. ITEMS OF COMPENSATION A. Pain and Suffering Respondent proffers that petitioner should be awarded $70,000.00. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:23-vv-01907-UNJ Document 48 Filed 09/09/25 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,751.76. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. FORM OF THE AWARD Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following:1 a lump sum payment of $72,751.76 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 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 lost earnings and future pain and suffering. 2 Case 1:23-vv-01907-UNJ Document 48 Filed 09/09/25 Page 5 of 5 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ J. Connor Daughton J. CONNOR DAUGHTON 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) 305-3907 Email: james.c.daughton@usdoj.gov Dated: July 29, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01907-cl-extra-11134974 Date issued/filed: 2025-09-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10668387 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1907V CLARE ARCHER, Chief Special Master Corcoran Petitioner, v. Filed: July 30, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Nathan Joseph Marchese, Siri & Glimstad LLP, Los Angeles, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On October 27, 2023, Clare Archer 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 received on October 30, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 22, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On July 29, 2025, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with 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). the 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 attached proffer, Petitioner is awarded a lump sum of $72,751.76 (representing $70,000.00 for pain and suffering, and $2,751.76 for past unreimbursable expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Proffer at 1. This amount represents 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 ) CLARE ARCHER, ) ) Petitioner, ) ) No. 23-1907 v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 27, 2023, Clare Archer (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as the result of an influenza (“flu”) vaccination received on October 30, 2020. Petition at 1. On January 21, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on January 22, 2025 the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 23 & 25. I. ITEMS OF COMPENSATION A. Pain and Suffering Respondent proffers that petitioner should be awarded $70,000.00. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,751.76. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. FORM OF THE AWARD Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following: 1 a lump sum payment of $72,751.76 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division 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 lost earnings and future pain and suffering. 2 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ J. Connor Daughton J. CONNOR DAUGHTON 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) 305-3907 Email: james.c.daughton@usdoj.gov Dated: July 29, 2025 3 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-01907-cl-extra-11227477 Date issued/filed: 2025-12-18 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10760892 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1907V CLARE ARCHER, Chief Special Master Corcoran Petitioner, v. Filed: November 17, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Nathan J. Marchese, Siri & Glimstad, LLP, Los Angeles, CA, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 27, 2023, Clare Archer 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. Petition, ECF No. 1. On July 30, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 41. 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 an interim and final application (“Motions”) for attorney’s fees and costs, requesting an award of $27,177.89 (representing $11,014.40 in fees and costs incurred by Petitioner’s counsel of record: Nathan Marchese, Esq., plus $16,163.49 in fees and costs incurred by Petitioner’s former counsel: Phyllis Widman, Esq.). See Final Application for Attorneys’ Fees and Costs filed August 7, 2025 (ECF No. 45), and Interim Application, filed March 26, 2025 (ECF No. 31). Furthermore, Petitioner filed a signed statement representing that she incurred personal out-of-pocket expenses. ECF No. 30. Respondent reacted to the interim and final motions, reporting that he is satisfied the statutory requirements for an award of final attorneys’ fees and costs are met in this case but defers resolution of the amount to be awarded for both interim and final fees, to my discretion. Motions at 2-4, ECF No. 31 and ECF No. 46. Petitioner filed a reply requesting an award of fees and costs as indicated in the final motion. ECF No. 47. I have reviewed the billing records submitted with Petitioner’s requests and find a minor reduction in the amount of fees to be awarded appropriate, for the reasons set forth below. ANALYSIS The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Counsel must submit fee requests that include contemporaneous and specific billing records indicating the service performed, the number of hours expended on the service, and the name of the person performing the service. See Savin v. Sec’y of Health & Human Servs., 85 Fed. Cl. 313, 316-18 (2008). Counsel should not include in their fee requests hours that are “excessive, redundant, or otherwise unnecessary.” Saxton v. Sec’y of Health & Human Servs., 3 F.3d 1517, 1521 (Fed. Cir. 1993) (quoting Hensley v. Eckerhart, 461 U.S. 424, 434 (1983)). It is “well within the special master’s discretion to reduce the hours to a number that, in [her] experience and judgment, [is] reasonable for the work done.” Id. at 1522. Furthermore, the special master may reduce a fee request sua sponte, apart from objections raised by respondent and without providing a petitioner notice and opportunity to respond. See Sabella v. Sec’y of Health & Human Servs., 86 Fed. Cl. 201, 209 (2009). A special master need not engage in a line-by-line analysis of petitioner’s fee application when reducing fees. Broekelschen v. Sec’y of Health & Human Servs., 102 Fed. Cl. 719, 729 (2011). The petitioner “bears the burden of establishing the hours expended, the rates charged, and the expenses incurred.” Wasson v. Sec’y of Health & Human Servs., 24 Cl. 2 Ct. 482, 484 (1991). The Petitioner “should present adequate proof [of the attorney’s fees and costs sought] at the time of the submission.” Wasson, 24 Cl. Ct. at 484 n.1. Petitioner’s counsel “should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary, just as a lawyer in private practice ethically is obligated to exclude such hours from his fee submission.” Hensley, 461 U.S. at 434. ATTORNEY FEES The hourly rates requested by Mr. Marchese and his supporting paralegals for all time billed in this matter are reasonable and consistent with our prior determinations and shall be awarded. However, Petitioner’s former counsel, Phyllis Widman was awarded $450.00 for work performed in 2024, less than she is requesting herein. See Fernandez v. Sec’y of Health & Hum. Servs., No. 22-719V, Slip Op. 40 (Fed. Cl. Spec. Mstr. February 26, 2025). I find no reason to deviate from such reasoned determination and it otherwise is not the practice of OSM to adjust prior rate determinations upward in later cases. See Jefferson v. Sec’y of Health & Hum. Servs., No. 19-1882V, 2023 WL 387051 (Fed. Cl. Spec. Mstr. Jan. 9, 2023). Thus, I hereby reduce Ms. Widman’s 2024 rate accordingly. Application of the foregoing reduces the amount of fees to be awarded herein by $240.00. 3 For work performed in 2025, however, I find Ms. Widman’s proposed rate of $480.00 appropriate and shall be adopted. ATTORNEY COSTS Petitioner has provided supporting documentation for all claimed costs. ECF No. 29 at 14-17 and ECF No. 45-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. CONCLUSION The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT, in part, Petitioner’s Motions for attorney’s fees and costs. Petitioner is awarded the total amount of $26,937.89 4 as follows: 3 This amount consists of reducing Phyllis Widman’s 2024 hourly rate and is calculated as f ollows: ($480.00 - $450.00 = $30.00 x 8.00 hours billed by Ms. Widman in 2024) = $240.00 in f ees to be reduced. 4 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as f ees f or legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would 3 • A lump sum of $11,014.40, representing reimbursement for final attorney’s fees and costs, to be paid through an ACH deposit to Petitioner’s counsel of record: Nathan Marchese’s IOLTA account for prompt disbursement; and • A lump sum of $15,923.49, representing reimbursement for interim attorney’s fees and costs to be paid through an ACH deposit to Petitioner’s former counsel: Phyllis Widman’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. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.1991). 5 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. 4