VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01536 Package ID: USCOURTS-cofc-1_24-vv-01536 Petitioner: Joel Pratt Filed: 2024-08-30 Decided: 2025-05-13 Vaccine: Tdap; hepatitis A/B (Twinrix) Vaccination date: 2023-07-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 61597.89 AI-assisted case summary: On August 30, 2024, Joel Pratt filed a petition alleging a Table SIRVA after receiving Tdap and hepatitis A/B (Twinrix) vaccinations on July 2, 2023. Respondent conceded entitlement in a Rule 4(c) report, and Chief Special Master Corcoran found him entitled to compensation on May 13, 2025. The public proffer does not describe the specific injection site, first symptom, treatment course, diagnostic imaging, or expert opinions. Respondent proffered $61,597.89, and Mr. Pratt agreed. The award consisted of $60,500.00 for pain and suffering and $1,097.89 for past unreimbursable expenses, payable as a lump sum through counsel. A later fee decision awarded attorney fees and costs separately, but those amounts were not injury compensation. Theory of causation field: Adult petitioner; Tdap and hepatitis A/B (Twinrix) vaccines July 2, 2023; Table SIRVA. COMPENSATED. Respondent conceded entitlement; public text lacks detailed clinical chronology. Decision May 13, 2025. Award $61,597.89 = $60,500.00 pain/suffering + $1,097.89 expenses. Petition filed August 30, 2024. Counsel: Elizabeth Kyla Abramson, Mctlaw. Later fee award is separate from injury compensation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01536-0 Date issued/filed: 2025-06-25 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/13/2025) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01536-UNJ Document 30 Filed 06/25/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1536V JOEL PRATT, Chief Special Master Corcoran Petitioner, Filed: May 13, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Kyla Abramson, Mctlaw, Washington, DC, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 30, 2024, Joel Pratt 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 he suffered a “Table Injury” of shoulder injury related to vaccine administration (“SIRVA”), as the result of a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination and a Hepatitus A and B (“Twirix”) vaccination received on July 2, 2023. Petition at 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months, that the vaccine was administered within the United States, and that there has been no prior award or settlement of a civil action on his behalf 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 1:24-vv-01536-UNJ Document 30 Filed 06/25/25 Page 2 of 2 as a result of his injury. Id. at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 5, 2025, 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 Conceding Entitlement to Compensation at 1. Specifically, Respondent has concluded that Petitioner’s injury is consistent with a SIRVA as defined by the Vaccine Injury table. Id. at 7-8. Respondent further agrees that Petitioner has suffered the sequela of her injury for more than six months and all other legal requirements have been met for compensation under the Act. Id. at 8. 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_24-vv-01536-1 Date issued/filed: 2025-06-27 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/13/2025) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01536-UNJ Document 31 Filed 06/27/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1536V JOEL PRATT, Chief Special Master Corcoran Petitioner, Filed: May 13, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Kyla Abramson, Mctlaw, Washington, DC, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 30, 2024, Joel Pratt 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 he suffered a “Table Injury” of shoulder injury related to vaccine administration (“SIRVA”), as the result of a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination and a Hepatitis A and B (“Twirix”) vaccination received on July 2, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 13, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On May 5, 2025, Respondent filed a proffer on award of compensation indicating Petitioner should be awarded $61,597.89 (consisting of $60,500.00 for pain and suffering and $1,097.89 for past unreimbursable expenses). 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-01536-UNJ Document 31 Filed 06/27/25 Page 2 of 2 Respondent’s Rule 4(c) Report Conceding Entitlement to Compensation (“Proffer”) at 8- 9. 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. Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $61,597.89 (consisting of $60,500.00 for pain and suffering and $1,097.89 for past unreimbursable expenses) 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01536-cl-extra-11085243 Date issued/filed: 2025-06-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10618655 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1536V JOEL PRATT, Chief Special Master Corcoran Petitioner, Filed: May 13, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Kyla Abramson, Mctlaw, Washington, DC, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On August 30, 2024, Joel Pratt 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 he suffered a “Table Injury” of shoulder injury related to vaccine administration (“SIRVA”), as the result of a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination and a Hepatitis A and B (“Twirix”) vaccination received on July 2, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 13, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On May 5, 2025, Respondent filed a proffer on award of compensation indicating Petitioner should be awarded $61,597.89 (consisting of $60,500.00 for pain and suffering and $1,097.89 for past unreimbursable expenses). 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). Respondent’s Rule 4(c) Report Conceding Entitlement to Compensation (“Proffer”) at 8- 9. 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. Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $61,597.89 (consisting of $60,500.00 for pain and suffering and $1,097.89 for past unreimbursable expenses) 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 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01536-cl-extra-11144418 Date issued/filed: 2025-09-25 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10677831 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1536V JOEL PRATT, Chief Special Master Corcoran Petitioner, v. Filed: August 21, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Kyla Abramson, Mctlaw, Washington, DC, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On September 30, 2024, Joel Pratt 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 he suffered a “Table Injury” of shoulder injury related to vaccine administration as the result of a tetanus, diphtheria, and acellular pertussis vaccination and a Hepatitis A and B vaccination received on July 2, 2023. Petition, ECF No. 1. On May 13, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 20. 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 $40,669.78 (representing $38,594.20 in fees plus $2,075.58 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed June 9, 2025, ECF No. 27. Furthermore, Petitioner filed a signed statement representing that he incurred no personal out-of-pocket expenses. ECF No. 27-4. Respondent reacted to the motion on June 10, 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. 28. Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 29. I have reviewed the billing records submitted with Petitioner’s request. Petitioner requests that I apply the hourly rate of $358.00 for 2025 work performed by attorney Elizabeth Abramson, representing a rate increase of $38.00 from the previous year and the rate of $205.00 for paralegal work performed in 2025. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. And all time billed to the matter was reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 27-3. 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 $40,669.78 (representing $38,594.20 in fees plus $2,075.58 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 f iling a joint notice renouncing their right to seek review. 2