VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01364 Package ID: USCOURTS-cofc-1_22-vv-01364 Petitioner: P.F. Filed: 2022-09-23 Decided: 2025-05-14 Vaccine: MMR, varicella, Hepatitis A, and influenza vaccines Vaccination date: 2021-10-20 Condition: idiopathic thrombocytopenic purpura (ITP) Outcome: compensated Award amount USD: 78381 AI-assisted case summary: On September 23, 2022, Joseph and Paige Frank filed a petition on behalf of their minor child, P.F., alleging that MMR, varicella, Hepatitis A, and influenza vaccines administered on October 20, 2021 caused idiopathic thrombocytopenic purpura. The entitlement ruling stated that P.F.'s ITP began seven to forty-two days after vaccination, that she had clinical manifestations of ITP, that her platelet count was below 50,000/mm3, and that no unrelated exclusionary condition was shown. Respondent conceded compensation under the Table criteria. The public rulings do not state P.F.'s exact age or a detailed treatment course. On May 14, 2025, Chief Special Master Brian H. Corcoran awarded $65,000.00 for pain and suffering to be placed into a guardianship for P.F.'s benefit and $13,381.00 for past unreimbursable expenses, for a total of $78,381.00. Theory of causation field: MMR, varicella, Hep A, and influenza vaccines on October 20, 2021 causing Table ITP in minor P.F.; exact age not stated; onset 7-42 days; platelet count <50,000/mm3; no exclusionary factor. ENTITLEMENT CONCEDED; COMPENSATED. Award $65,000 pain/suffering guardianship + $13,381 expenses = $78,381. Chief SM Brian H. Corcoran; petition September 23, 2022; damages May 14, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01364-0 Date issued/filed: 2025-01-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/11/2024) regarding 34 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01364-UNJ Document 38 Filed 01/22/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1364V JOSEPH FRANK and PAIGE FRANK, Chief Special Master Corcoran parents of P.F., a minor, Filed: December 11, 2024 Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioners. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 23, 2022, Joseph and Paige Frank, on behalf of their minor child P.F., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that P.F. suffered idiopathic thrombocytopenic purpura (“ITP”) as a result of measles-mumps rubella (“MMR”), varicella, Hepatitis A (“Hep. A”), and influenza (“flu”) vaccinations administered to her on October 20, 2021. Petition at 1. Petitioners further allege that P.F.’s ITP began 7-42 days after vaccination, that she demonstrated the presence of clinical manifestations of ITP, that her serum platelet count was less than 50,000/mm3, 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 1:22-vv-01364-UNJ Document 38 Filed 01/22/25 Page 2 of 2 and there is no evidence of a factor of an exclusionary condition or factor unrelated. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 10, 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 is satisfied that Petitioners have met the criteria set forth in the Table and the Qualifications and Aids to Interpretation and that based on the record as a whole, Respondent recommends the Chief Special Master find Petitioners, on behalf of P.F., entitled to compensation. Id. at 6. In view of Respondent’s position and the evidence of record, I find that Petitioners are entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01364-cl-extra-10785039 Date issued/filed: 2025-01-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10318451 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1364V JOSEPH FRANK and PAIGE FRANK, Chief Special Master Corcoran parents of P.F., a minor, Filed: December 11, 2024 Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioners. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 23, 2022, Joseph and Paige Frank, on behalf of their minor child P.F., filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioners allege that P.F. suffered idiopathic thrombocytopenic purpura (“ITP”) as a result of measles-mumps rubella (“MMR”), varicella, Hepatitis A (“Hep. A”), and influenza (“flu”) vaccinations administered to her on October 20, 2021. Petition at 1. Petitioners further allege that P.F.’s ITP began 7-42 days after vaccination, that she demonstrated the presence of clinical manifestations of ITP, that her serum platelet count was less than 50,000/mm3, 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). and there is no evidence of a factor of an exclusionary condition or factor unrelated. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 10, 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 is satisfied that Petitioners have met the criteria set forth in the Table and the Qualifications and Aids to Interpretation and that based on the record as a whole, Respondent recommends the Chief Special Master find Petitioners, on behalf of P.F., entitled to compensation. Id. at 6. In view of Respondent’s position and the evidence of record, I find that Petitioners are entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01364-1 Date issued/filed: 2025-06-25 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 05/14/2025) regarding 45 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01364-UNJ Document 50 Filed 06/25/25 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1364V JOSEPH FRANK and PAIGE FRANK, Chief Special Master Corcoran parents of P.F., a minor, Filed: May 14, 2025 Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioners. Elanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 23, 2022, Joseph and Paige Frank (“Petitioners”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”) on behalf of their minor child, P.F. Petitioners allege that P.F. suffered idiopathic thrombocytopenic purpura (“ITP”) after receiving measles-mumps rubella, varicella, Hepatitis A, and influenza vaccinations on October 20, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 11, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for ITP. On May 13, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioners should be awarded $65,000.00 in pain and suffering to be placed into a guardianship for the benefit of P.F. and $13,381.00 for 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 1:22-vv-01364-UNJ Document 50 Filed 06/25/25 Page 2 of 6 past unreimbursable expenses incurred by Petitioners. Proffer at 2-3. In the Proffer, Respondent represented that Petitioners agree with the proffered award. Id. Based on the record as a whole, I find that Petitioners are entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award the following: 1) a lump sum payment of $65,000.00, to be paid through an ACH deposit to Petitioners’ counsel’s IOLTA account for prompt disbursement to Petitioners as guardians/conservators of the estate of P.F. for the benefit of P.F.; and 2) a lump sum payment of $13,381.00, to be paid through an ACH deposit to Petitioners’ counsel’s IOLTA account for prompt disbursement to Petitioners. These amounts represents compensation for all damages that would be available under Section 15(a). 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 1:22-vv-01364-UNJ Document 50 Filed 06/25/25 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOSEPH FRANK and PAIGE FRANK, Parents of P.F., a minor, No. 22-1364 Petitioner, Chief Special Master Corcoran ECF v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 23, 2022, Joseph Frank and Paige Frank (“petitioners”) filed a petition for compensation (“petition”) on behalf of their minor child (“P.F.”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended (“Vaccine Act” or “Act”). Petitioners alleges that P.F. suffered idiopathic thrombocytopenic purpura (“ITP” as a result of a the measles-mumps rubella (“MMR”), varicella, Hepatitis A (“Hep A”), and influenza vaccinations administered to her on October 20, 2021. Petition at 1. On December 10, 2024, 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 December 11, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 33; ECF No. 34. Case 1:22-vv-01364-UNJ Document 50 Filed 06/25/25 Page 4 of 6 I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering. 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 $13,381.00. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to P.F. should be made through a combination of lump sum payments as 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 $65,000.00 in the form of a check payable to petitioners as guardians/conservators of P.F., for the benefit of P.F. Petitioners represent that petitioners presently are, or within 90 days of the date of judgment will become, duly authorized to serve as guardians/conservators of P.F.’s estate under the laws of the State of Utah. No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardians/conservators of P.F.’s estate. If petitioners are not authorized by a court of 1 Should P.F. 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, lost future earnings, and future pain and suffering. 2 Case 1:22-vv-01364-UNJ Document 50 Filed 06/25/25 Page 5 of 6 competent jurisdiction to serve as guardians/conservators of the estate of P.F., any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of P.F. upon submission of written documentation of such appointment to the Secretary. Further, if guardianship is no longer required under the laws of the state of Utah after P.F. has attained the age of majority, any such payment shall be paid to P.F. upon submission of written documentation of the termination of guardianship to the Secretary. B. A lump sum payment of $13,381.00, representing compensation for past unreimbursable expenses. Summary of Recommended Payments Following Judgment Lump sum to be paid through an ACH deposit to petitioners’ counsel’s IOLTA account for prompt disbursement to petitioners as guardians/conservators of the estate of P.F. for the benefit of P.F.: $65,000.00 Lump sum to be paid through an ACH deposit to petitioners’ counsel’s IOLTA account for prompt disbursement to petitioners: $13,381.00 Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division 3 Case 1:22-vv-01364-UNJ Document 50 Filed 06/25/25 Page 6 of 6 /s/ Eleanor A. Hanson ELEANOR A. HANSON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 305-1110 Eleanor.Hanson@usdoj.gov DATED: May 13, 2025 4 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_22-vv-01364-cl-extra-11083622 Date issued/filed: 2025-06-25 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10617034 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1364V JOSEPH FRANK and PAIGE FRANK, Chief Special Master Corcoran parents of P.F., a minor, Filed: May 14, 2025 Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioners. Elanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 23, 2022, Joseph and Paige Frank (“Petitioners”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”) on behalf of their minor child, P.F. Petitioners allege that P.F. suffered idiopathic thrombocytopenic purpura (“ITP”) after receiving measles-mumps rubella, varicella, Hepatitis A, and influenza vaccinations on October 20, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 11, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for ITP. On May 13, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioners should be awarded $65,000.00 in pain and suffering to be placed into a guardianship for the benefit of P.F. and $13,381.00 for 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). past unreimbursable expenses incurred by Petitioners. Proffer at 2-3. In the Proffer, Respondent represented that Petitioners agree with the proffered award. Id. Based on the record as a whole, I find that Petitioners are entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award the following: 1) a lump sum payment of $65,000.00, to be paid through an ACH deposit to Petitioners’ counsel’s IOLTA account for prompt disbursement to Petitioners as guardians/conservators of the estate of P.F. for the benefit of P.F.; and 2) a lump sum payment of $13,381.00, to be paid through an ACH deposit to Petitioners’ counsel’s IOLTA account for prompt disbursement to Petitioners. These amounts represents compensation for all damages that would be available under Section 15(a). 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 JOSEPH FRANK and PAIGE FRANK, Parents of P.F., a minor, No. 22-1364 Petitioner, Chief Special Master Corcoran ECF v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 23, 2022, Joseph Frank and Paige Frank (“petitioners”) filed a petition for compensation (“petition”) on behalf of their minor child (“P.F.”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended (“Vaccine Act” or “Act”). Petitioners alleges that P.F. suffered idiopathic thrombocytopenic purpura (“ITP” as a result of a the measles-mumps rubella (“MMR”), varicella, Hepatitis A (“Hep A”), and influenza vaccinations administered to her on October 20, 2021. Petition at 1. On December 10, 2024, 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 December 11, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 33; ECF No. 34. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering. 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 $13,381.00. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to P.F. should be made through a combination of lump sum payments as 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 $65,000.00 in the form of a check payable to petitioners as guardians/conservators of P.F., for the benefit of P.F. Petitioners represent that petitioners presently are, or within 90 days of the date of judgment will become, duly authorized to serve as guardians/conservators of P.F.’s estate under the laws of the State of Utah. No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardians/conservators of P.F.’s estate. If petitioners are not authorized by a court of 1 Should P.F. 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, lost future earnings, and future pain and suffering. 2 competent jurisdiction to serve as guardians/conservators of the estate of P.F., any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of P.F. upon submission of written documentation of such appointment to the Secretary. Further, if guardianship is no longer required under the laws of the state of Utah after P.F. has attained the age of majority, any such payment shall be paid to P.F. upon submission of written documentation of the termination of guardianship to the Secretary. B. A lump sum payment of $13,381.00, representing compensation for past unreimbursable expenses. Summary of Recommended Payments Following Judgment Lump sum to be paid through an ACH deposit to petitioners’ counsel’s IOLTA account for prompt disbursement to petitioners as guardians/conservators of the estate of P.F. for the benefit of P.F.: $65,000.00 Lump sum to be paid through an ACH deposit to petitioners’ counsel’s IOLTA account for prompt disbursement to petitioners: $13,381.00 Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division 3 /s/ Eleanor A. Hanson ELEANOR A. HANSON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 305-1110 Eleanor.Hanson@usdoj.gov DATED: May 13, 2025 4 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_22-vv-01364-cl-extra-11269752 Date issued/filed: 2026-03-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10803024 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1364V JOSEPH FRANK and PAIGE FRANK, parents of P.F., a minor, Chief Special Master Corcoran Petitioner, Filed: January 28, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Elanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 23, 2022, Joseph and Paige Frank filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioners allege that P.F. suffered idiopathic thrombocytopenic purpura after receiving measles-mumps rubella, varicella, Hepatitis A, and influenza vaccinations on October 20, 2021. Petition, ECF No. 1. On May 14, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 45. 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 $45,340.04 (representing $43,629.70 in fees plus $1,710.34 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed November 3, 2025, ECF No. 56. Furthermore, Petitioners filed a signed statement representing that personal out-of-pocket expenses were incurred in the amount of $4,563.14 to establish the guardianship over P.F’s estate. ECF No. 56 at 48-60. Respondent reacted to the motion on November 3, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case and deferring resolution of the amount to be awarded to my discretion. ECF No. 58 at 2-5. Petitioner did not file a reply thereafter. 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. 56 at 26-60. 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. Petitioner is awarded attorneys’ fees and costs in the total amount of $49,903.18 (representing $43,629.70 in fees plus $1,710.34 in costs plus $4,563.14 in petitioners’ out-of-pocket expenses) to 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. 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 filing a joint notice renouncing their right to seek review. 2