VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01248 Package ID: USCOURTS-cofc-1_24-vv-01248 Petitioner: Kathryn Green Filed: 2024-08-14 Decided: 2026-01-08 Vaccine: Tdap Vaccination date: 2023-03-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 130000 AI-assisted case summary: Kathryn Green filed a petition on August 14, 2024, alleging that she suffered a shoulder injury related to vaccine administration after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on March 2, 2023. She alleged residual effects for more than six months. The public stipulation materials do not describe Ms. Green's treatment course in detail. Respondent denied that she suffered a Table SIRVA, denied that the Tdap vaccine caused any injury, and denied that any current condition was a sequela of vaccination. The parties filed a joint stipulation on January 8, 2026. Chief Special Master Corcoran reviewed the record, found the stipulation reasonable, and adopted it as the Court's decision. A later fee decision addressed attorney fees and costs only. Ms. Green was awarded a lump sum of $130,000.00 for all damages available under section 15(a), payable through counsel's IOLTA account. She was represented by John R. Howie Jr. of Howie Law, P.C. in Dallas, Texas. Theory of causation field: Tdap vaccine on March 2, 2023 allegedly causing SIRVA. COMPENSATED by stipulation, not by admitted causation. Respondent denied Table SIRVA, causation, and sequelae. Public stipulation contains limited treatment detail. Petition filed August 14, 2024; decision by Chief SM Brian H. Corcoran on January 8, 2026. Award $130,000 lump sum through counsel IOLTA. Later March 12, 2026 fee decision was attorney compensation only. Attorney: John R. Howie Jr., Howie Law, P.C., Dallas TX. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01248-0 Date issued/filed: 2026-02-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/08/2026) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01248-UNJ Document 43 Filed 02/09/26 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1248V KATHRYN GREEN, Chief Special Master Corcoran Petitioner, Filed: January 8, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner. Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 14, 2024, Kathryn Green 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”) after receiving a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination on March 2, 2023. Petition at 1; Stipulation, filed at January 8, 2026, ¶¶ 2-4. Petitioner further alleges that she suffered the residual effects of her alleged injury for more than six months. Stipulation at ¶ 5. “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 petitioner’s current condition is a sequela of a vaccine-related injury ” Stipulation at ¶ 6. Nevertheless, on January 8, 2026, 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 1:24-vv-01248-UNJ Document 43 Filed 02/09/26 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $130,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:24-vv-01248-UNJ Document 43 Filed 02/09/26 Page 3 of 7 Case 1:24-vv-01248-UNJ Document 43 Filed 02/09/26 Page 4 of 7 Case 1:24-vv-01248-UNJ Document 43 Filed 02/09/26 Page 5 of 7 Case 1:24-vv-01248-UNJ Document 43 Filed 02/09/26 Page 6 of 7 Case 1:24-vv-01248-UNJ Document 43 Filed 02/09/26 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01248-cl-extra-11309907 Date issued/filed: 2026-04-13 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10842552 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1248V KATHRYN GREEN, Chief Special Master Corcoran Petitioner, Filed: March 12, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner. Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 14, 2024, Kathryn Green 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 after receiving a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination on March 2, 2023. Petition, ECF No. 1. On January 8, 2026, I issued a decision awarding compensation to Petitioner based on the parties’ stipulation. ECF No. 36. 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 $46,616.99 (representing $45,171.00 in fees plus $1,445.99 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed January 13, 2026, ECF No. 40. Furthermore, Petitioner filed a signed statement representing that no personal out-of-pocket expenses were incurred. ECF No. 40-4. Respondent reacted to the motion on January 27, 2026, 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. Response to motion at ECF No. 41. Also on January 27, 2026, Petitioner indicated that she does not intend to file a substantive reply. ECF No. 42. I have reviewed the billing records submitted with Petitioner’s request. The rates requested for work performed through 2025 are reasonable and consistent with our prior determinations and will therefore be awarded herein. Petitioner’s counsel reports that until the OSM releases attorney fee guidance for 2026, counsel is simply billing at his 2025 rate. Furthermore, Petitioner has provided supporting documentation for all claimed costs and out-of-pocket expenses. ECF No. 40-3 at 1-51. I find the requested costs to be 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 $46,616.99 (representing $45,171.00 in fees plus $1,445.99 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. 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