VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02051 Package ID: USCOURTS-cofc-1_23-vv-02051 Petitioner: Patricia Cravotta Filed: 2023-11-30 Decided: 2024-12-02 Vaccine: Tdap Vaccination date: 2022-09-07 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 83500 AI-assisted case summary: Patricia Cravotta filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on September 7, 2022. She claimed her injury persisted for more than six months. The respondent denied that Ms. Cravotta sustained a SIRVA Table injury, denied that the 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, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms. Cravotta a lump sum of $83,500.00. This amount represents compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the damages. The decision was issued on December 2, 2024, following the petition filed on November 30, 2023. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02051-0 Date issued/filed: 2024-12-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/29/2024) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02051-UNJ Document 31 Filed 12/02/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2051V PATRICIA CRAVOTTA, Chief Special Master Corcoran Petitioner, v. Filed: October 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 30, 2023, Patricia Cravotta 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 tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on September 7, 2022, in her left shoulder. Petition at 1; Stipulation, filed at October 28, 2024, ¶¶ 1-4. Petitioner further alleges that her injury persisted for more than six months. Petition at 3; Stipulation at ¶ 4. “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 1:23-vv-02051-UNJ Document 31 Filed 12/02/24 Page 2 of 7 Nevertheless, on October 28, 2024, 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 $83,500.00, 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 1:23-vv-02051-UNJ Document 31 Filed 12/02/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PATRICIA CRA VOTTA, Petitioner. No. 23-2051 V (ECF) Chief Special Master Corcoran v. SECRETARY OF HEAL T HA ND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Patricia Cravatta ("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 ofa tetanus vaccine.1 This vaccine is contained in the Vaccine lnjwy Table (the "Table"), 42 C.F.R. § 100.3. 2. Petitioner received the Tdap vaccine on September 7, 2022, administered intramuscularly in her left arm. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. She further claims that she experienced the residual effects of this condition for more than six months. 1 Petitioner received a tetanus-diphtheria-acellular pertussis ("Tdap") vaccine sold under the brand name Boostrix. Case 1:23-vv-02051-UNJ Document 31 Filed 12/02/24 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 ofh er alleged injuries. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injwy, or any other injury; and denies that her current condition is a sequela ofa vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shaU 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 oft his Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$ 83,500.00 in the form of a check payable to petitioner. This amowit represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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-21(a)(l), 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-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, Federal or 2 Case 1:23-vv-02051-UNJ Document 31 Filed 12/02/24 Page 5 of 7 State health benefits programs (o ther than Title XIX oft he Social Security Act (4 2 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 and any amounts awarded pursuant to paragraph 9 oft his 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 attorney's fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit ofp etitioner as contemplated by a strict construction of4 2 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of4 2 U.S.C. §300aa-l5{g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf ofh er heirs, executors, administrators, successors or assi , gns does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary ofH ealth and Human Services from any and all actions or causes ofa ction (including agreements, judgments, claims, damages, loss of services, expenses and all demands ofw hatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court ofF ederal Claims, under the National Vaccine Injury Compensation Program, 42 U .S.C. § 300aa-l 0 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 ofp etitioner resulting from, or alleged to have resulted from, the Tdap vaccine administered on or about September 7. 2022, as alleged in a petition for vaccine compensation filed on or about November 30, 2023, in the United States Court ofF ederal Claims as petition No. 23-2051V. 3 Case 1:23-vv-02051-UNJ Document 31 Filed 12/02/24 Page 6 of 7 14. Ifp etitioner shouJd 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 confonnity with the tenns of this Stipulation or if the Court ofF ederal 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 ofe ither party. 16. Thls 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 oft he 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 ofH ealth and Hwnan Services that the tetanus vaccine caused petitioner's alleged injuries or any other injury or her current disabilities, or that petitioner suffered an injwy contained in the Vaccine Injury Table. 18. All rights and obligations ofp etitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:23-vv-02051-UNJ Document 31 Filed 12/02/24 Page 7 of 7 Respectfully submitted. PA TRICIA CRAV OITA ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: 1.,.. . .Jl½ &ci,,w.J-M- MICHAELG.Mt N HEATHER L. PEARLMAN Black McLaren Jones Ryland & Griffee, P.C. Deputy Director 530 Oak Court Drive, Suite 360 Torts Branch Memphis, TN 38117 Civil Division Tel: (901) 762-0535 U.S. Department of Justice Email: rnmclaren@blackmclaw.com P.O. Box 146 Benjamin F18.llklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEALT H RESPONDENT: AND HUMAN SERVICES: s Jeffrey Digitally signed by • Jeffreys. Beach -s Beach-S =-!:= tor CAPT GEORGE REED GRIMES, MD, MPH ARAHB.lUFKIN Director, Division of Injury Trial Attorney Compensation Programs Torts Branch HeaJth Systems Bureau Civil Division Health Resources and Services U.S. Department ofJ ustice Administration P.O. Box 146 U.S. Department ofHeaJth Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 305-5997 Rockville, MD 20857 Email: sarah.ritkin@usdoj.gov (JCowz.._ 2fJ Dated: (} '20'2....t./ 1 s ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-02051-cl-extra-11127502 Date issued/filed: 2025-08-26 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10660915 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2051V PATRICIA CRAVOTTA, Chief Special Master Corcoran Petitioner, v. Filed: July 24, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 30, 2023, Patricia Cravotta 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 a tetanus-diphtheria-acellular pertussis vaccine she received on September 7, 2022, in her left shoulder. Petition, ECF No. 1. On October 29, 2024, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 27. 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 $40,676.36 (representing $36,749.80 in fees plus $3,926.56 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed January 31, 2025. ECF No. 32. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 32-3. Respondent reacted to the motion on February 14, 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. 33. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s requests and find a reduction in the amount of fees and costs to be awarded appropriate, for the reasons listed 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 The hourly rates requested by attorneys and paralegals who performed work in this matter for all time billed through 2025, are reasonable and consistent with prior determinations and shall be awarded. Respondent offered no specific objection to the rates or amounts sought. ECF No. 33. ATTORNEY COSTS Petitioner has also requested a total of $3,926.56 in litigation costs and has provided supporting documentation to substantiate such costs. ECF No. 32-2. Such costs are associated with obtaining medical records, the Court’s filing fee, postage costs and travel expenses. I have reviewed the requested costs and find the majority of them to be reasonable - with the exception of certain travel expenses incurred by Attorney Webb. Like attorneys’ fees, a request for reimbursement of attorneys’ costs must be reasonable. Perreira v. Sec’y of Health & Human Servs., 27 Fed. Cl. 29, 34 (Fed. Cl. 1992). The billing records reveal that attorney Webb traveled from Memphis to New York for an in-person meeting with Petitioner on January 23, 2024. Mr. Webb stayed for two nights at The Ritz Carlton New York, a luxury hotel. ECF No. 32-2 at 43. And requests reimbursement of $1,865.06 for the two nights stay at the luxury hotel including meals and a meeting room reservation. It appears that the nightly room charge at the Ritz was $684.27 including sales and city taxes. Id. at 43. This amount exceeds the federal government’s daily lodging rates for a hotel stay in New York City, which was $169.00 per night in January 2024. 3 While travel costs related to the Vaccine Claim are generally compensable, excessive costs claimed for upgraded methods of transportation, extravagant meals and luxury hotels are not. Accordingly, I find the total amount claimed for the luxury hotel stay 3 See GSA FY 2024 Per Diem Rates for New York City at https://www.gsa.gov/travel/plan-book/per-diem- rates. 3 to be excessive and shall be reduced by fifty percent. Application of the foregoing reduces the amount of costs to be awarded by $932.53. 4 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. Petitioner is awarded attorneys’ fees and costs in the total amount of $39,743.83 (representing $36,749.80 in fees plus $2,994.03 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. 5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 This amount reflects a fifty percent reduction of the luxury hotel costs and is calculated as f ollows: ($1865.06 x 0.50) = $932.53. 5 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. 4