VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02014 Package ID: USCOURTS-cofc-1_23-vv-02014 Petitioner: Charles Eller Filed: 2023-11-20 Decided: 2025-05-06 Vaccine: influenza Vaccination date: 2022-11-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 8500 AI-assisted case summary: Charles Eller filed a petition for vaccine compensation on November 20, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on November 13, 2022. The respondent, the Secretary of Health and Human Services, denied that Mr. Eller suffered a SIRVA Table injury or any other injury caused by the vaccine. Despite this denial, the parties reached a joint stipulation to settle the case. The stipulation stated that Mr. Eller received the flu vaccine in the United States, his symptoms persisted for more than six months, and he had not filed any other action or received compensation for this injury. The court adopted the stipulation as its decision awarding damages. Mr. Eller was awarded a lump sum of $8,500.00 as compensation for all damages available under the Vaccine Act. This award represents a negotiated settlement of liability and damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02014-0 Date issued/filed: 2025-05-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/03/2025) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02014-UNJ Document 43 Filed 05/06/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2014V CHARLES ELLER, Chief Special Master Corcoran Petitioner, Filed: April 3, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 20, 2023, Charles Eller 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”) resulting from an influenza(“flu”)vaccine received on November 13, 2022. Petition at 1; Stipulation, filed April 2, 2025, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, his symptoms have persisted for more than six months, and neither Petitioner, nor any other party, hasever filed any action or received compensation in the form of an award or settlement for his vaccine-related injury. Petition at ¶¶ 4, 23-25; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner suffered a SIRVA Table injury and denies that the flu vaccine caused petitioner any other injury.” Stipulation at ¶ 6. 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. 2National 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-02014-UNJ Document 43 Filed 05/06/25 Page 2 of 7 Nevertheless, on April 2, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $8,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:23-vv-02014-UNJ Document 43 Filed 05/06/25 Page 3 of 7 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHARLES ELLER, Petitioner, No. 23-2014V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Charles Eller (''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 influenza (·'flu'") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"). 42 C.F .R. § I 00.3(a). 2. Petitioner received a flu vaccine on November 13, 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered a shoulder injury related to vaccine administration ("SIRVA'.) within the time period set fo1th in the Table, or in the alternative, that he suffered a SIRVA that was caused-in-fact by the flu vaccine. Petitioner further alleges that petitioner suffered the residual effects of the 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 petitioner·s behalf as a result of the alleged injury. Doc1D:2eaf2272272d41b773cace590d3a71389948d054 Case 1:23-vv-02014-UNJ Document 43 Filed 05/06/25 Page 4 of 7 6. Respondent denies that petitioner suffered a SIRVA Table injury and denies that the flu vaccine caused petitioner any other injury. 7. Maintaining their above-stated positions. the parties neve1theless 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 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-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum payment of $8,500.00 to be paid through an ACH deposit to petitioner·s counsel"s IOLT A account for prompt disbursement 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 ofj udgment 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 I (a)( I), 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 petitioner's 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, 2 Doc1D:2eaf2272272d41b773cace590d3a71389948d054 Case 1:23-vv-02014-UNJ Document 43 Filed 05/06/25 Page 5 of 7 Federal or State health benefits programs (other than 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. I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will ~e made in accordance with 42 U.S.C. § 300aa-I5 (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 attorney·s fees and litigation costs, and past unreimbursed 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-l 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 payments described in paragraphs 8 and 9, petitioner, in petitioner·s individual capacity, and on behalf of petitioner's 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 brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U. S.C. § 300aa-10 et seq., on account of, or in any way 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 November 13, 2022, as alleged in a petition for vaccine compensation filed on or about November 20, 2023, in the United States Court of Federal Claims as petition No. 23-2014 V. 3 DoclO:2eaf2272272d41b773cace590d3a71389948d054 Case 1:23-vv-02014-UNJ Document 43 Filed 05/06/25 Page 6 of 7 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 conformity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confmmity with the terms of this Stipulation, then the parties· settlement and this Stipulation shall be voidable at the sole discretion of either patty. 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 Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner·s alleged injury or any other injury, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I 4 Doc1D:2eaf2272272d41b773cace590d3a71389948d054 Case 1:23-vv-02014-UNJ Document 43 Filed 05/06/25 Page 7 of 7 Respectfully submitted, PETITIONER: ~ CHARLES ELLER ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: -AL ~~ ~ JI HEATHER L. PEARLMAN Zg eib Sayad, P.C. Deputy Director 75 South Broadway, 4th Floor T o,ts Branch White Plains, NY I 060 I Civil Division Phone:(914)729-1110 U.S. Department of Justice Email: Jim@vaccinelawyers.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: BRITTANY B. RIZEK- DigltallysignedbyBRITIANYB. RIZEK-S10 S1 0 Date: 2025.03.28 10:42:52 -04'00' CAPT GEORGE REED GRIMES, MD, MPH NATHANIEL M. T~ GER Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Depa1tment of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Phone: (202) 305-39 I 2 Rockville, MD 20857 Email: Nathaniel.Trager@usdoj.gov Dated: _ V__{.__L /_·L_5 _- _ 5 DoclD:2eaf2272272d41b773cace590d3a71389948d054 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02014-cl-extra-11004622 Date issued/filed: 2025-05-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10538034 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2014V CHARLES ELLER, Chief Special Master Corcoran Petitioner, Filed: April 3, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 20, 2023, Charles Eller 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”) resulting from an influenza (“flu”) vaccine received on November 13, 2022. Petition at 1; Stipulation, filed April 2, 2025, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, his symptoms have persisted for more than six months, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for his vaccine-related injury. Petition at ¶¶ 4, 23-25; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner suffered a SIRVA Table injury and denies that the flu vaccine caused petitioner any other injury.” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Nevertheless, on April 2, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $8,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHARLES ELLER, Petitioner, No. 23-2014V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Charles Eller (''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 influenza (·'flu'") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"). 42 C.F .R. § I00.3(a). 2. Petitioner received a flu vaccine on November 13, 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered a shoulder injury related to vaccine administration ("SIRVA'.) within the time period set fo1th in the Table, or in the alternative, that he suffered a SIRVA that was caused-in-fact by the flu vaccine. Petitioner further alleges that petitioner suffered the residual effects of the 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 petitioner·s behalf as a result of the alleged injury. Doc1D:2eaf2272272d41b773cace590d3a71389948d054 6. Respondent denies that petitioner suffered a SIRVA Table injury and denies that the flu vaccine caused petitioner any other injury. 7. Maintaining their above-stated positions. the parties neve1theless 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 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-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum payment of $8,500.00 to be paid through an ACH deposit to petitioner·s counsel"s IOLTA account for prompt disbursement 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 ofjudgment 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 I (a)( I), 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 petitioner's 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, 2 Doc1D:2eaf2272272d41b773cace590d3a71389948d054 Federal or State health benefits programs (other than 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. I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will ~e made in accordance with 42 U.S.C. § 300aa- I5(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 attorney·s fees and litigation costs, and past unreimbursed 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-l 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 payments described in paragraphs 8 and 9, petitioner, in petitioner·s individual capacity, and on behalf of petitioner's 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 brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way 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 November 13, 2022, as alleged in a petition for vaccine compensation filed on or about November 20, 2023, in the United States Court of Federal Claims as petition No. 23-2014 V. 3 DoclO:2eaf2272272d41b773cace590d3a71389948d054 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 conformity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confmmity with the terms of this Stipulation, then the parties· settlement and this Stipulation shall be voidable at the sole discretion of either patty. 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 Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner·s alleged injury or any other injury, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I 4 Doc1D:2eaf2272272d41b773cace590d3a71389948d054 Respectfully submitted, PETITIONER: ~ CHARLES ELLER ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: -AL ~~ ~ JI HEATHER L. PEARLMAN Zg eib Sayad, P.C. Deputy Director 75 South Broadway, 4th Floor To,ts Branch White Plains, NY I060 I Civil Division Phone:(914) 729-1 11 0 U.S. Department of Justice Emai l: Jim@vaccinelawyers.com P.O. Box 146 Benjam in Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: BRITTANY B. RIZEK- Digltallysigned byBRITIANYB. RIZEK -S10 S10 Date: 2025.03.28 10:42:52 -04'00' CAPT GEORGE REED GRIMES, MD, MPH NATHANIEL M. T~ GER Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Depa1tment of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Frankl in Station and Human Services Washington, DC 20044-01 46 5600 Fishers Lane, 08W-25A Phone: (202) 305-39 I2 Rockville, MD 20857 Email: Nathaniel.Trager@usdoj.gov Dated: _ V __._ { _L /_·L_5 _- _ 5 Doc lD:2eaf2272272d41b773cace590d3a71389948d054 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-02014-cl-extra-11101106 Date issued/filed: 2025-07-16 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10634519 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2014V CHARLES ELLER, Chief Special Master Corcoran Petitioner, Filed: June 5, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 20, 2023, Charles Eller 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 vaccine he received on November 13, 2022. Petition, ECF No. 1. On April 3, 2025, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 37. 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 $43,422.59 (representing $41,767.70 in fees plus $1,654.89 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed April 7, 2025, ECF No. 41. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 41-3. Respondent reacted to the motion on April 18, 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. Motion at 2-4, ECF No. 42. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through the end of 2024 are reasonable and consistent with our prior determinations. Petitioner has requested an hourly rate of $450.00 for 2025 work performed by attorney Jimmy A. Zgheib representing a rate increase of $50.00 from the previous year and an hourly rate of $450.00 for 2025 work performed by attorney Jennifer A. Sayad representing a rate increase of $30.00 from the previous year. Respondent offered no objection to the rates or amounts sought. I find the proposed rates to be reasonable and hereby award them herein. And all time billed to the matter was also reasonably incurred. I have also reviewed the requested costs and find that Petitioner’s counsel did not substantiate $59.42 3 of those costs with the required supporting documentation, such as an invoice, or proof of payment. ECF No. 41-2 at 5. I will nevertheless reimburse the requested costs in full, since the unsubstantiated amount is not particularly large. But Petitioner’s counsel should be aware that any future requests for costs may result in a curtailed (or denied) award for failure to include supporting documentation. See Guidelines for Practice Under the National Vaccine Injury Compensation Program at 75- 78 (emphasis added). 4 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 $43,422.59 (representing $41,767.70 in fees plus $1,654.89 in costs) to 3 See billing entry dated 7/22/24: “Payment for records from SSM Physical Therapy.” ECF No. 41-2 at 5. 4 The guidelines for Practice Under the National Vaccine Injury Compensation Program can be found at: https://www.uscfc.uscourts.gov/guidelines-practice-under-national-vaccine-injury-compensation-program 2 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. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 3