In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0930V
JENNIFER KANE, Chief Special Master Corcoran
Petitioner, v. Filed: September 6, 2024
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 16, 2021, Jennifer Kane filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). On September 4, 2020, Petitioner received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months.
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 Petitioner’s current condition is a sequela of a vaccine-related injury.
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 (2012). Nevertheless, on September 5, 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 $51,000.00 in the form of a check payable to Petitioner. Stipulation at 2. 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 IN THE UNJTED STATES COURT OF FEDERAL CLA IMS OF'FICI;: OF SPECIAL MASTERS
) .JENNIFER KANE. ) ) Peti tioner, ) ) No. 2 l -930V V. ) C hief Special Master Corcoran ) ECF SECRETA RY OF H l2ALT I I A N D ) HUMAN SERVICES. ) ) Respondent. ) ________________ )
ST IPULATION
The parties hereby stipu lclle to the fo llow ing matters:
I . .Jennifer Kane ("pe titi oner"), fi led a petition for vacc ine compensatio n under the
Nntiorrn l Vnecinc Injury Compensat ion Progrnm , 42 U .S.C. § J00nn-1 0 to 34 (the " Vaccine
Progrnrn"), The petition seek s compensation for injuries alleged ly related to petitio ner 's receipt
o r nn innucnz.a ("flu") vaccine, wh ich vaccine is contnined in the Vaccine I njury Table ( the
" Table''), 42 C .F.R. § I 00.J(a).
2. Petiti oner received n flu vaccine in her left del to id 0 11 September 4, 2020.
3. The vaccine was administered wi thin th e U nited States.
4. Petitioner al leges that she sustained a shoulder injury related to vncci11e admin istrn tion
("SI RVA'') from the fl u vacc ine. She furth er alleges (hat she ex perienced the residua l cffeds of
this condition for more th an six months.
5. Petitioner represents that there has been 110 prior avvard o r se tt lement o f a civ il act ion
for damages on her behal r as a rcsu It o f her aI leged injury. 6. Respondent denies that petitioner sustained a Tab le in_jury for SIR VA. denies that the
vaccine caused petitioner 's alleged shoulder inj u1y. or any other injury. and denies that her
current condition is a sequcla o f a vaccine-relntecl injury.
7. Ma intain ing their above-stated positions. th e parties nevertheless now agree that the
issues hctwccn them shall be sett led and that a dec ision should be entered awarding the
compensation described in paragraph 8 o f th is Stipu lation.
8. A s soon as practicable after an entry ofj uclg111c111 reflecting a decision consistent w i th
th e term s of th is Stipulnti on. and artcr petitioner has fi led , 111 election to receive compensation
pursmrnt to 42 U .S.C. § 300aa-2 I (a)( I ). the Secretary o f I lea lth nnd Human Services w ill issue
th e fo llowing vaccine compensa tion pay ment:
A lump sum o f$51,000.00 in th e form ofa check payable to petit ioner. Th is amount represents compensa tion for all damages llrnt woul d be ava ilable under 42 U.S.C. § 300aa- 15(a).
9. A s soon as practicable after the entry of j udgment 011 ent itlement in this case, and af'ler
peti tioner has filed both a proper and tim ely elect ion to receive cornpensati on pursuant to 42
U.S.C. § 300frn-2 I (a)( I), and an application. the parties will subm it to furth er proceedi ngs before
th e specia l master to award reasonable allorn cys · fees and costs incmrcd in proceeding upon this
petition.
10. Petitioner and her attorn ey represent that compcnsalion Lo be pro v ided pursuant lo
thi s St ipulation is not for an y items or services fo r which th e Program is not primarily liable
under 42 U.S.C. ~ 300aa- I S(g). lo the extent that payment has been made or ca n reasonab ly be
expected to be made under any Sta te compensat ion programs, insurance policies. f edera l or
2 Stale health benefits progrnm s (other than Title X I X or the Social Security /\ct (42 U.S.C.
§ 1396 ct seq.)), or by entit ies th at provide hea lth services on a pre- pa id basis.
11. Payment made pursuant to paragraph 8 and nny amo unts awarded pursuant to
paragraph 9 of this Stipu lation w i ll be made in accordance wi th 42 U .S.C. § 300aa-l S(i). subject
to the avai lab ilit y o r sufficient statutory funds.
12. T he parties and th eir c1tlorncys further agree and stipulate th at. cxc1.;pt for any c1wc1rcl
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0930V
JENNIFER KANE, Chief Special Master Corcoran
Petitioner, v. Filed: September 6, 2024
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 16, 2021, Jennifer Kane filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). On September 4, 2020, Petitioner received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months.
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 Petitioner’s current condition is a sequela of a vaccine-related injury.
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 (2012). Nevertheless, on September 5, 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 $51,000.00 in the form of a check payable to Petitioner. Stipulation at 2. 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 IN THE UNJTED STATES COURT OF FEDERAL CLA IMS OF'FICI;: OF SPECIAL MASTERS
) .JENNIFER KANE. ) ) Peti tioner, ) ) No. 2 l -930V V. ) C hief Special Master Corcoran ) ECF SECRETA RY OF H l2ALT I I A N D ) HUMAN SERVICES. ) ) Respondent. ) ________________ )
ST IPULATION
The parties hereby stipu lclle to the fo llow ing matters:
I . .Jennifer Kane ("pe titi oner"), fi led a petition for vacc ine compensatio n under the
Nntiorrn l Vnecinc Injury Compensat ion Progrnm , 42 U .S.C. § J00nn-1 0 to 34 (the " Vaccine
Progrnrn"), The petition seek s compensation for injuries alleged ly related to petitio ner 's receipt
o r nn innucnz.a ("flu") vaccine, wh ich vaccine is contnined in the Vaccine I njury Table ( the
" Table''), 42 C .F.R. § I 00.J(a).
2. Petiti oner received n flu vaccine in her left del to id 0 11 September 4, 2020.
3. The vaccine was administered wi thin th e U nited States.
4. Petitioner al leges that she sustained a shoulder injury related to vncci11e admin istrn tion
("SI RVA'') from the fl u vacc ine. She furth er alleges (hat she ex perienced the residua l cffeds of
this condition for more th an six months.
5. Petitioner represents that there has been 110 prior avvard o r se tt lement o f a civ il act ion
for damages on her behal r as a rcsu It o f her aI leged injury. 6. Respondent denies that petitioner sustained a Tab le in_jury for SIR VA. denies that the
vaccine caused petitioner 's alleged shoulder inj u1y. or any other injury. and denies that her
current condition is a sequcla o f a vaccine-relntecl injury.
7. Ma intain ing their above-stated positions. th e parties nevertheless now agree that the
issues hctwccn them shall be sett led and that a dec ision should be entered awarding the
compensation described in paragraph 8 o f th is Stipu lation.
8. A s soon as practicable after an entry ofj uclg111c111 reflecting a decision consistent w i th
th e term s of th is Stipulnti on. and artcr petitioner has fi led , 111 election to receive compensation
pursmrnt to 42 U .S.C. § 300aa-2 I (a)( I ). the Secretary o f I lea lth nnd Human Services w ill issue
th e fo llowing vaccine compensa tion pay ment:
A lump sum o f$51,000.00 in th e form ofa check payable to petit ioner. Th is amount represents compensa tion for all damages llrnt woul d be ava ilable under 42 U.S.C. § 300aa- 15(a).
9. A s soon as practicable after the entry of j udgment 011 ent itlement in this case, and af'ler
peti tioner has filed both a proper and tim ely elect ion to receive cornpensati on pursuant to 42
U.S.C. § 300frn-2 I (a)( I), and an application. the parties will subm it to furth er proceedi ngs before
th e specia l master to award reasonable allorn cys · fees and costs incmrcd in proceeding upon this
petition.
10. Petitioner and her attorn ey represent that compcnsalion Lo be pro v ided pursuant lo
thi s St ipulation is not for an y items or services fo r which th e Program is not primarily liable
under 42 U.S.C. ~ 300aa- I S(g). lo the extent that payment has been made or ca n reasonab ly be
expected to be made under any Sta te compensat ion programs, insurance policies. f edera l or
2 Stale health benefits progrnm s (other than Title X I X or the Social Security /\ct (42 U.S.C.
§ 1396 ct seq.)), or by entit ies th at provide hea lth services on a pre- pa id basis.
11. Payment made pursuant to paragraph 8 and nny amo unts awarded pursuant to
paragraph 9 of this Stipu lation w i ll be made in accordance wi th 42 U .S.C. § 300aa-l S(i). subject
to the avai lab ilit y o r sufficient statutory funds.
12. T he parties and th eir c1tlorncys further agree and stipulate th at. cxc1.;pt for any c1wc1rcl
for atto rn ey's fees and litigntion costs, and past unrc irnbursablc expenses, the money provided
pursuant to this Stipu lati on wi ll be used solely for th e benefit o r pe titi oner as contemplated by a
strict constructi on o f 42 U .S.C. § 300aa- l S(a) and (d), and subject to tile conditions o f42 U.S.C.
§ 300aa- l S(g) and ( h ).
13 . In return for lhc pay ments described in pnragraphs 8 and 9. petition er, in her
ind iviclua I cHpacity. and on helm Ir of her heirs, executors, adm in istrntors, successors or assigns.
docs forever irrevocably and uncond itionally release. acquit and d ischarge th e United States and
the Secretary of' I lea Ith and I luman Serv ices from any and all ac tions or causes o r acti on
(including agrce111cnts, juclgn1 cnts, claims, damages, loss o r·scr v iccs, ex penses and ni l demands
o r w hatever ki nd or nature) that have been brought, could have been brought, or could be tim ely
brought in the Court o f Federal C laims, under the Na(ionn l Vaccine Injury Compensation
Progrnm, 42 U.S.C. § 3 00aa- I O et seq., on account o r. or in any way growing ou t o r, nny and all
known or unknown. suspected or unsuspected personaI injuries lo or death or pc t i ti oner resu It ing
from , o r al leged lo have resulted from , the flu vaccination administered 0 11 Septem ber 4. 2020, as
identified in a petition for vaccine compensati on riled 0 11 or abou t February I G, 202 1, in the
U nited States Court o f Federal Cla ims as petitio n No. 2 l-930V.
3 14. If petit ioner should d ie prio r to entry o rj udg 111c11t, th is agreem ent shal l be voidab le
upon proper notice to the Cour( 0 11 behalf o f ei(her o r both o f the parties.
15. If t he special master fa i ls to issue a decision in complete co 11 for111ity w ifh (he terms
o r th is St ipulation or if' the Court of 1-'edera I C laims rail s to enter j udg ment in con fo rm ity w it h a
decision th at is i11 co111p lc(e conro rmi ly w ith the term s o f'this St ipulntion. then the pnrties·
se ttlement and this Stipulat ion shall be voidable al the so le discreti on of ei ther par( y.
16. T his Stipu lati on expresses a fu ll and complete negot inted settlement o f lir1 bi lity and
damages claimed under th e National Childhood V accine Inj ury A ct o r 19 86. as r11nc11decl . exeepl
as other w ise no ted in paragrap h 9 above. There is absolutely 110 :1grcc111enl 011 the parl o r l hc
parties hereto l o make any payment or to do any act or thing other th an is herein expressly s(cllecl
and c learly agreed to . T he par ties rurthcr agree and understand that the award descri bed in this
Stipulation may rencct a compromise o f the parti es' respecti ve posit ions as to liabil i ty and/or
amount o f damages, and further, that a change in th e nature of the inju ry or co11cl i tio11 or in the
items o f compensation sought, is not grouncb to mod i fy or revise th is agrcc111e11 1.
17. T his St ipulr1tion shall not be construed as an admission by th e United States or the
Secreta ry o r Hea l th nnd Hurn n11 Serv ices that the flu vacc ine caused pet iti oner 's alleged sl1 ouldcr
inj ury or an y other injury o r her current di:;ab ilit ies. or tha t pet itioner suffered n11 injury
contained in th e V acc ine Injury T ab le.
18. Al l r ights and obligations o f petitioner hereunder shall app ly equally Lo pel iti oner·s
heirs, executors, administra tors, successors, and/or assigns.
END OF STIPU L ATION
4 Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORJZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL:
~~ EDWARD KRAUS -~~ 1e)fru£~ ~ Kraus Law Group. LLC Deputy Director 111 W. Jackson Blvd Torts Branch Suite 1700 Civil Division Clticago, IL 60604 U.S. Department of Justice (312) 858-2177 P.O. Box 146 ekraus@krauslawyers.com Benjamin Franklin Station Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey 5. Digitally signed by Jeffrey S. Beach -S Date: 2024.08.12 Beac h -S. 01:42:34-o4'oo' tor CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Compensation Programs Health Systems Bureau Civil Division Health Resources and Services U. S. Department of Justice Administration P.O. Box 146 U. S. Department of Health Benjamin Franklin Station and Humans Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 616-4264 Rockville, MD 20857 meghan.r.murphy@usdoj.gov
Dated: /1 / I 5I/J-4