VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01808 Package ID: USCOURTS-cofc-1_23-vv-01808 Petitioner: Kendra Graves Filed: 2023-10-16 Decided: 2025-09-23 Vaccine: influenza Vaccination date: 2020-10-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 156576.1 AI-assisted case summary: On October 16, 2023, Kendra Graves filed a petition alleging that an influenza vaccine administered on October 19, 2020 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement in a Rule 4(c) report filed December 23, 2024, stating that the alleged injury was consistent with Table SIRVA and that the record supported compensation. Chief Special Master Brian H. Corcoran found entitlement on January 6, 2025. The public rulings do not describe the full treatment history or daily limitations. On September 23, 2025, the Chief Special Master adopted respondent's proffer. Ms. Graves was awarded $150,000.00 for pain and suffering, $753.90 in past unreimbursed expenses, and $5,822.20 in past lost wages, for a total of $156,576.10. Theory of causation field: Influenza vaccine October 19, 2020 causing SIRVA; adult, exact age not stated; onset field supported as same day in existing row. ENTITLEMENT CONCEDED; COMPENSATED. Public rulings lack detailed clinical chronology. Award $150,000 pain/suffering + $753.90 expenses + $5,822.20 lost wages = $156,576.10. Chief SM Brian H. Corcoran; petition October 16, 2023; damages September 23, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01808-0 Date issued/filed: 2025-02-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/06/2025) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01808-UNJ Document 34 Filed 02/05/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1808V KENDRA GRAVES, Chief Special Master Corcoran Petitioner, Filed: January 6, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Verne E. Paradie, Jr., Paradie, Rabasco & Seasonwein, Lewiston, ME, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 16, 2023, Kendra Graves 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”) following an influenza vaccination she received on October 19, 2020. Petition at 1. Petitioner further alleges that her vaccine-related symptoms persisted for more than six months. Petition at ¶16. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 23, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA 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-01808-UNJ Document 34 Filed 02/05/25 Page 2 of 2 as defined by the Vaccine Injury Table. Specifically, Petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular flu vaccination; pain and reduced ROM was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s shoulder pain.” Id. at 7 . Respondent further agrees that “based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. 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-01808-1 Date issued/filed: 2025-10-23 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/23/2025) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01808-UNJ Document 47 Filed 10/23/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1808V KENDRA GRAVES, Chief Special Master Corcoran Petitioner, Filed: September 23, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Verne E. Paradie, Jr., Paradie, Rabasco & Seasonwein, Lewiston, ME, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 16, 2023, Kendra Graves 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”) following an influenza vaccination she received on October 19, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 6, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On September 22, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $156,576.10, comprised of $150,000.00 for pain and suffering, $753.90 for past unreimbursable expenses, and $5,822.20 for past lost wages. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. 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-01808-UNJ Document 47 Filed 10/23/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $156,576.10, comprised of $150,000.00 for pain and suffering, $753.90 for past unreimbursable expenses, and $5,822.20 for past lost wages, 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 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 1:23-vv-01808-UNJ Document 47 Filed 10/23/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KENDRA GRAVES, Petitioner, No. 23-1808V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 16, 2023, Kendra Graves (“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, following administration of a influenza (“flu”) vaccine she received on October 19, 2020. Petition at 1. On December 23, 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 January 6, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25; ECF No. 27. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $150,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:23-vv-01808-UNJ Document 47 Filed 10/23/25 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 $753.90. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that she incurred past lost wages related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $5,822.20. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 following1: a lump sum payment of $156,576.10, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Summary of Recommended Payments Following Judgment Lump sum to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Kendra Graves: $156,576.10 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:23-vv-01808-UNJ Document 47 Filed 10/23/25 Page 5 of 5 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /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: September 2(cid:21), 2025 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01808-cl-extra-11252850 Date issued/filed: 2026-02-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10786209 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1808V KENDRA GRAVES, Chief Special Master Corcoran Petitioner, v. Filed: January 8, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Verne E. Paradie, Jr., Paradie, Rabasco & Seasonwein, Lewiston, ME, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 16, 2023, Kendra Graves 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 following an influenza vaccine received on October 19, 2020. ECF No. 1. On September 23, 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 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 $24,489.91 (representing $23,068.48 in fees plus $1,421.43 in costs). Application for Attorney’s Fees and Costs (“Motion”) filed October 21, 2025. ECF No. 45. Furthermore, counsel for Petitioner represents that Petitioner has not personally incurred any costs in the program proceedings. Id. at 4. Respondent reacted to the motion on October 22, 2025, representing that he is satisfied that the statutory requirements for an award of attorney’s 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. 46. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s requests and find a reduction in the amount of fees to be awarded appropriate, for the reasons stated 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. 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 2 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 Petitioner’s counsel, Mr. Verne Paradie, requests that I apply the following hourly rates: $452.50 for 2021; $467.00 for 2022; $492.00 for 2023; $519.00 for 2024; and $558.50 for 2025. But these rates exceed what has been previously awarded to Mr. Paradie for work performed in the 2021-24 timeframe. See Duguay v. Sec’y of Health & Human Servs., No. 18-0340V, Slip Op. 78 (Fed. Cl. Spc. Mstr. July 27, 2023) (awarding Mr. Paradie $345.00 for 2021, and $375.00 for 2022). Likewise, Mr. Paradie was awarded the hourly rate of $390.00 for 2023, and $415.00 for 2024. See Martell v. Sec’y of Health & Human Servs., No. 21-2335V, Slip Op. 42 (Fed. Cl. Spc. Mstr. January 28, 2025). I find no reason to deviate from such reasoned determinations, and hereby adopt the rates established in the aforementioned decisions. Application of the foregoing reduces the attorney’s fees to be awarded by $2,295.70. 3 Mr. Paradie is admonished that it is not the practice of OSM to adjust prior rate determinations upward in later cases. Counsel must ensure to submit billing records reflecting the hourly rates previously awarded to him for his work in the Program. The requested 2025 rate is excessive. I also note that Mr. Paradie has been previously found to be ineligible to receive forum rates. See Orloski v. Sec’y of Health & Human Servs., No. 17-936V, 2021 WL 5410173, (Fed. Cl. Spc. Mstr. Oct. 22, 2021). Accordingly, based on my experience applying the relevant factors 4 to determine reasonable hourly rates for Program attorneys, I find a rate of $455.00 per hour for work performed in 2025 to be appropriate, representing a more reasonable increase of $40.00 from the previous year. Application of the foregoing results in an additional reduction of $1,982.03. 5 3 This amount consists of reducing Mr. Paradie’s 2021-24 rates and is calculated as follows: ($452.50 - $345.00 = 107.50 x 1.00 hour billed in 2021 = $107.50) + ($467.00 - $375.00 = $92.00 x 11.60 hrs. billed in 2022 = $1,067.20) + ($492.00 - $390.00 = 102.00 x 6.30 hrs. billed in 2023 = $642.60) + ($519.00 - $415.00 = $104.00 x 4.60 hrs. billed in 2024 = $478.40) = $2,295.70 in fees to be reduced. 4 See McCulloch v. Sec’y of Health and Hum. Services, No. 09–293V, 2015 WL 5634323 (Fed. Cl. Spec. Mstr. Sept. 1, 2015). 5 This amount consists of reducing Mr. Paradie’s 2025 rate and is calculated as follows: $558.50 - $455.00 = $103.50 x 19.15 hrs. billed in 2025 = $1,982.03 in fees to be reduced. 3 Petitioner has otherwise provided supporting documentation for all claimed costs. 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 Motion for attorney’s fees and costs. I award a total of $20,212.18 (representing $18,790.75 in fees plus $1,421.43 in costs) 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. 6 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 6 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 4