VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01669 Package ID: USCOURTS-cofc-1_24-vv-01669 Petitioner: Joanne Duitsman Filed: 2024-10-16 Decided: 2025-09-08 Vaccine: pneumococcal 20-valent conjugate (Prevnar 20) Vaccination date: 2023-05-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 67500 AI-assisted case summary: On October 16, 2024, Joanne Duitsman filed a petition alleging that a pneumonia vaccine administered on May 19, 2023 caused a shoulder injury related to vaccine administration. The vaccine record identified the product as Pfizer's pneumococcal 20-valent conjugate vaccine, Prevnar 20. Respondent conceded entitlement in a July 11, 2025 Rule 4(c) report, stating that Ms. Duitsman's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. Chief Special Master Brian H. Corcoran found entitlement that day. The public rulings do not set out a detailed medical timeline. On September 8, 2025, the Chief Special Master adopted respondent's proffer and awarded $67,500.00 for pain and suffering, payable through counsel's IOLTA account. A later fee decision concerned attorneys' fees and costs only. Theory of causation field: Prevnar 20 pneumococcal 20-valent conjugate vaccine May 19, 2023 causing SIRVA; adult, exact age not stated. ENTITLEMENT CONCEDED; COMPENSATED. Public rulings lack detailed clinical chronology. Award $67,500 pain/suffering. Chief SM Brian H. Corcoran; petition October 16, 2024; damages September 8, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01669-0 Date issued/filed: 2025-08-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/11/2025) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01669-UNJ Document 19 Filed 08/11/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1669V JOANNE DUITSMAN, Chief Special Master Corcoran Petitioner, v. Filed: July 11, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph P. Shannon, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 16, 2024, Joanne Duitsman 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”), a defined Table injury, after receiving a pneumococcal vaccine3 on May 19, 2023. Petition at 1, ¶¶ 2, 23-24. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of her 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). 3 Although the Petition referred to only a pneumonia vaccine, the vaccine record showed Petitioner received a Prevnar vaccine, a Pneumococcal 20-Valent Conjugate vaccine manufactured by Pfizer. Ex. 2 at 13; see https://www.prevnar20.com/ (last visited July 11, 2025). Case 1:24-vv-01669-UNJ Document 19 Filed 08/11/25 Page 2 of 2 injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 2, 23, 26-27. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 11, 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 at 1. Specifically, Respondent believes “that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that “based on the record as it now stands, [P]etitioner 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_24-vv-01669-1 Date issued/filed: 2025-10-09 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/08/2025) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01669-UNJ Document 28 Filed 10/09/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1669V JOANNE DUITSMAN, Chief Special Master Corcoran Petitioner, Filed: September 8, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph P. Shannon, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 16, 2024, Joanne Duitsman 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”), a defined Table injury, after receiving a pneumococcal vaccine3 on May 19, 2023. Petition at 1, ¶¶ 2, 23-24. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 11, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On September 8, 2025, Respondent filed a proffer on award 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). 3 Although the Petition referred to only a pneumonia vaccine, the vaccine record showed Petitioner received a Prevnar vaccine, a Pneumococcal 20-Valent Conjugate vaccine manufactured by Pfizer. Ex. 2 at 13; see https://www.prevnar20.com/ (last visited July 11, 2025). Case 1:24-vv-01669-UNJ Document 28 Filed 10/09/25 Page 2 of 5 of compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00 for pain and suffering. 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $67,500.00, for pain and suffering, 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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-01669-UNJ Document 28 Filed 10/09/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JOANNE DUITSMAN, ) ) Petitioner, ) ) No. 24-1669V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) PROFFER ON AWARD OF COMPENSATION1 On October 16, 2024, Joanne Duitsman (“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 pneumococcal vaccine she received on May 19, 2023. Petition at 1. On July 11, 2025, 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 the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation the same day. ECF No. 16; ECF No. 17. I. Items of Compensation Based on the evidence of record, respondent proffers that petitioner should be awarded $67,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:24-vv-01669-UNJ Document 28 Filed 10/09/25 Page 4 of 5 amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award/Recommended Payment The parties recommend that the compensation provided to petitioner should be made through one lump sum payment as described below and request that the Chief Special Master’s decision and the Court’s judgment award the following2: A lump sum payment of $67,500.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Joanne Duitsman. Petitioner is a competent adult. Proof of guardianship is not required in this case. 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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division 2 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 lost earnings and future pain and suffering. 2 Case 1:24-vv-01669-UNJ Document 28 Filed 10/09/25 Page 5 of 5 s/ EMILY M. HANSON EMILY M. HANSON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 430-4802 emily.hanson@usdoj.gov DATED: September 8, 2025 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01669-cl-extra-11166152 Date issued/filed: 2025-10-09 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10699564 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1669V JOANNE DUITSMAN, Chief Special Master Corcoran Petitioner, Filed: September 8, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph P. Shannon, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 16, 2024, Joanne Duitsman 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”), a defined Table injury, after receiving a pneumococcal vaccine3 on May 19, 2023. Petition at 1, ¶¶ 2, 23-24. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 11, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On September 8, 2025, Respondent filed a proffer on award 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). 3 Although the Petition referred to only a pneumonia vaccine, the vaccine record showed Petitioner received a Prevnar vaccine, a Pneumococcal 20-Valent Conjugate vaccine manufactured by Pfizer. Ex. 2 at 13; see https://www.prevnar20.com/ (last visited July 11, 2025). of compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00 for pain and suffering. 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $67,500.00, for pain and suffering, 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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 ) JOANNE DUITSMAN, ) ) Petitioner, ) ) No. 24-1669V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) PROFFER ON AWARD OF COMPENSATION 1 On October 16, 2024, Joanne Duitsman (“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 pneumococcal vaccine she received on May 19, 2023. Petition at 1. On July 11, 2025, 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 the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation the same day. ECF No. 16; ECF No. 17. I. Items of Compensation Based on the evidence of record, respondent proffers that petitioner should be awarded $67,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award/Recommended Payment The parties recommend that the compensation provided to petitioner should be made through one lump sum payment as described below and request that the Chief Special Master’s decision and the Court’s judgment award the following 2: A lump sum payment of $67,500.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner, Joanne Duitsman. Petitioner is a competent adult. Proof of guardianship is not required in this case. 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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division 2 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 lost earnings and future pain and suffering. 2 s/ EMILY M. HANSON EMILY M. HANSON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 430-4802 emily.hanson@usdoj.gov DATED: September 8, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01669-cl-extra-11248492 Date issued/filed: 2026-01-30 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10781868 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1669V JOANNE DUITSMAN, Chief Special Master Corcoran Petitioner, v. Filed: December 30, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph P. Shannon, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 16, 2024, Joanne Duitsman 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 a defined Table injury, after receiving a pneumococcal vaccine on May 19, 2023. Petition, ECF No. 1. On September 8, 2025, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 22. 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 $44,662.96 (representing $40,604.50 in fees plus $4,058.46 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed October 1, 2025, ECF No. 26. Furthermore, Counsel for Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 26 at 2. Respondent reacted to the motion on October 7, 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. Respondent’s Response at 2-5, ECF No. 27. Petitioner filed no 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. 26-2. 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 $44,662.96 (representing $40,604.50 in fees plus $4,058.46 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