VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02010 Package ID: USCOURTS-cofc-1_20-vv-02010 Petitioner: Susan Clark-Granger Filed: 2020-12-29 Decided: 2023-10-20 Vaccine: Tdap Vaccination date: 2019-12-04 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 37500 AI-assisted case summary: Susan Clark-Granger filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccination on December 4, 2019. She claimed the injury occurred within the Table time period and resulted in residual effects for more than six months. Respondent denied that the vaccine caused her alleged shoulder injury or that it was a Table injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case. The court adopted the stipulation, awarding Susan Clark-Granger a lump sum of $37,500.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages. The stipulation also noted that the Tdap vaccine is on the Vaccine Injury Table, though respondent denied the specific injury met Table criteria. The case was resolved via this stipulation and award, releasing the United States and the Secretary of Health and Human Services from further claims related to this vaccination. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-02010-0 Date issued/filed: 2023-10-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/18/2023) regarding 47 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-02010-UNJ Document 51 Filed 10/20/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2010V SUSAN CLARK-GRANGER, Chief Special Master Corcoran Petitioner, Filed: September 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 29, 2020, Susan Clark-Granger 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 the of a Tetanus-diphtheria-acellular- pertussis (“Tdap”) vaccination on December 4, 2019. Stipulation, filed at September 18, 2023, ¶¶ 1-2, 4; see Petition at 1. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 5-6. Respondent “denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury or any other injury; and denies that her current condition is a sequela of a vaccine-related 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). Case 1:20-vv-02010-UNJ Document 51 Filed 10/20/23 Page 2 of 7 Nevertheless, on September 18, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $37,500.00 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-02010-UNJ Document 51 Filed 10/20/23 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SUSAN CLARK-GRANGER, ) ) Petitioner, ) ) No. 20-2010V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Susan Clark-Granger ("petitioner") tiled 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 an injury allegedly related to petitioner's receipt of the Tetanus-.diphtheria-acellular-pertussis {"Tdap") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the T dap vaccine on December 4, 20 t 9, in her right arm. 1 3. The vaccination was administered within the United States. 4. Petitioner alleges that she sustained a right shoulder injury related to vaccine administration ("SIRVA") within the Table time period after receiving the Tdap vaccine, or alternatively that the Tdap vaccine was the cause-in-fact of her alleged right shoulder injury; and that she experienced the residual effects of this condition for more than six months. 1 Although the petition alleges a date of vaccination of December 2, 2019, the vaccination record shows that the correct date of vaccination was December 4, 20 [9. See Exhibit J at J. Case 1:20-vv-02010-UNJ Document 51 Filed 10/20/23 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury. 6. Respondent denies that petitioner sustained a SlRV A Table injury; denies that the vaccine caused petitioner's alleged shoulder injury or any other injury; and denies that her current condition is a sequela of a vaccine. .. related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)(I}, the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $37,500.00 in the form of a check payable to petitioner. This amount represents compensation for alJ damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U .S.C. § 300aa-21 (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 her 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-l 5(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or 2 Case 1:20-vv-02010-UNJ Document 51 Filed 10/20/23 Page 5 of 7 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. 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(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 attorneys' fees and litigation costs, and past unreimbursable expenses the money 1 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-1 S(a) and {d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payment described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her 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 al I 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, 11nder 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 Tdap vaccination administered on December 4, 2019,2 as alleged by petitioner in a petition for vaccine compensation filed on or about December 29, 2020, in the United tates Court of Federal Claims as petition 20-20tOV. 2 See footnote 1 above. 3 Case 1:20-vv-02010-UNJ Document 51 Filed 10/20/23 Page 6 of 7 14. If petitioner should die prior to entry of judgmen~ this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. I 5. If the special master fails to issue a decision in complete confonnity 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 conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion or either party. 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 Tdap vaccine caused petitioner's alleged SIRVA, or any other injury, or her current condition, 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 4 Case 1:20-vv-02010-UNJ Document 51 Filed 10/20/23 Page 7 of 7 Respectfully submitted, PETITIONER: ,iv.,~ ,¼!,Mn Qik SUSAN CLARK-GRANGER ATIORNEYOFRECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: ~ c. /1-- '1 ')1.,dff :.__. 'H-tif~th~~ RONALDC. HOMER ~t. fj ,(,)(J.) Conway Homer, P.C. • Deputy Director 16 Shawmut Street Torts Branch Boston, MA 02116 Civil Division Tel: 617-695-1990 U.S. Department of Justice cciampolillo@ccandh.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR THE SECRETARY OF HEALTH AND RESPONDENT: HUMAN SERVICES: He nr YP • 0'91tllly11inedbyHenry P.Mcmll~n-Sl by Mcmillan -S3 ::,~u.09.oa l1:0l:38 CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Compensation Programs Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044..0146 5600 Fishers Lane, 08Nl46B Tel: (202) 451-7675 Rockville, MD 20857 stcven.c.santayana@usdQj.gov 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-02010-cl-extra-10735008 Date issued/filed: 2024-06-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268418 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2010V SUSAN CLARK-GRANGER, Chief Special Master Corcoran Petitioner, v. Filed: May 17, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 29, 2020, Susan Clark-Granger 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 a result of the of a Tetanus-diphtheria-acellular pertussis vaccination on December 4, 2019. Petition, ECF No. 1. On September 18, 2023, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 47. 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 $32,205.84 (representing $30,411.00 in fees plus $ 1,794.84 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed March 12, 2024, ECF No. 53. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred $10.90 in personal out-of-pocket expenses. ECF No. 54. Respondent reacted to the motion on March 12, 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 2-3, ECF No. 55. 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, Motion at 24-50. And Respondent offered no specific objection to the rates or amounts sought. 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 the total amount of $32,216.74 3 as follows: • A lump sum of $32,205.84, representing reimbursement for fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel, Ronald C. Homer, and • A lump sum of $10.90, representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this decision. 4 3 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 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). 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3