VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01951 Package ID: USCOURTS-cofc-1_20-vv-01951 Petitioner: Katie Danso-Danquah Filed: 2020-12-22 Decided: 2023-08-31 Vaccine: Tdap Vaccination date: 2020-02-10 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Katie Danso-Danquah filed a petition on December 22, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccine received on February 10, 2020, and that the residual effects of this injury persisted for more than six months. The respondent denied that the petitioner suffered a SIRVA Table injury, denied that the Tdap vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, on July 31, 2023, the parties submitted a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Pursuant to the stipulation, Ms. Danso-Danquah was awarded a lump sum of $45,000.00, payable by check to the petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and Respondent was represented by Amanda Pasciuto of the U.S. Department of Justice. Theory of causation field: Petitioner Katie Danso-Danquah alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccine administered on February 10, 2020, with residual effects lasting over six months. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation on July 31, 2023, agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The public text does not specify the theory of causation, medical experts, or detailed evidence presented. The award was a lump sum of $45,000.00 for all damages under Section 15(a). The decision date was August 31, 2023. Petitioner's counsel was Glen Howard Sturtevant, Jr., and Respondent's counsel was Amanda Pasciuto. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01951-0 Date issued/filed: 2023-08-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/01/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01951-UNJ Document 49 Filed 08/31/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1951V KATIE DANSO-DANQUAH, Chief Special Master Corcoran Petitioner, Filed: August 1, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 22, 2020, Katie Danso-Danquah 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 a result of a Tdap vaccine she received on February 10, 2020. Petition at 1; Stipulation, filed at July 31, 2023, ¶¶ 1-2, 4. Petitioner further alleges that she has suffered the residual effects of her injury for more than six months. Petition at ¶14; Stipulation at ¶4. “Respondent denies “that Petitioner sustained a SIRVA Table injury; denies that the Tdap vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶6. Nevertheless, on July 31, 2023, 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 1:20-vv-01951-UNJ Document 49 Filed 08/31/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $45,000.00 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 1:20-vv-01951-UNJ Document 49 Filed 08/31/23 Page 3 of 7 Case 1:20-vv-01951-UNJ Document 49 Filed 08/31/23 Page 4 of 7 Case 1:20-vv-01951-UNJ Document 49 Filed 08/31/23 Page 5 of 7 Case 1:20-vv-01951-UNJ Document 49 Filed 08/31/23 Page 6 of 7 Case 1:20-vv-01951-UNJ Document 49 Filed 08/31/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01951-cl-extra-10737050 Date issued/filed: 2023-11-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270460 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1951V KATIE DANSO-DANQUAH, Chief Special Master Corcoran Petitioner, v. Filed: October 11, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 22, 2020, Katie Danso-Danquah 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 as a result of a Tdap vaccine she received on February 10, 2020. Petition, ECF No. 1. On August 1, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 43. 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 $27,957.87 (representing $26,105.80 in attorney’s fees and $1,852.07 in attorney’s costs). Petitioner’s Application for Attorney’s Fees and Costs (“Motion”) filed Aug. 11, 2023, ECF No. 47. In accordance with General Order No. 9, Petitioner filed a signed statement indicating that Petitioner incurred no out-of-pocket expenses. ECF No. 47-3. Respondent reacted to the motion on Aug. 17, 2023, 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. Respondent’s Response to Motion at 2-3, ECF No. 48. Petitioner did not file a reply thereafter. The rates requested for work performed through 2023 are reasonable and consistent with prior determinations and will therefore be adopted. (And all time billed to the matter was also reasonably incurred). Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 47-2. Respondent offered no specific objection to the rates or amounts sought. I note this case required additional briefing regarding the issue of damages. See Status Report; filed Sept. 14, 2022, ECF No. 34 (reporting that the parties have reached an impasse regarding settlement negotiations); Petitioner’s Motion for ruling on the record; filed Feb. 14, 2023, ECF No. 36. Petitioner’s counsel expended approximately 10.30 hours drafting the brief in support of damages. ECF No. 47-1 at 14. I find this amount of time to be reasonable. 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 $27,957.87 (representing $26,105.80 in attorney’s fees and $1,852.07 in attorney’s costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Glen H. Sturtevant. 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