VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00991
Package ID: USCOURTS-cofc-1_13-vv-00991
Petitioner: Kathy Kovalcik
Filed: 2013-12-13
Decided: 2014-10-15
Vaccine: influenza
Vaccination date: 2012-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 145635

AI-assisted case summary:
Kathy Kovalcik, an adult, filed a petition on December 13, 2013, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2012. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on March 24, 2014, conceding that petitioner suffered from SIRVA and recommending compensation. The parties subsequently entered into a stipulation and proffer regarding an award for damages and attorneys' fees and costs. Special Master Laura D. Millman issued a decision on October 6, 2014, awarding a lump sum of $130,000.00 for all elements of compensation to petitioner Kathy Kovalcik. This award was to be paid via check to the petitioner. Separately, on October 15, 2014, Special Master Millman issued a decision awarding attorneys' fees and costs. Following a stipulation of fact, the parties agreed to an award of $15,635.00 for attorneys' fees and costs. This amount was to be paid via check jointly to petitioner Kathy Kovalcik and her counsel, Muller Brazil, LLP. The total compensation awarded in this case was $145,635.00.

Theory of causation field:
Petitioner Kathy Kovalcik alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 11, 2012. The respondent conceded that petitioner suffered from SIRVA and recommended compensation. The parties stipulated to an award. The Special Master, Laura D. Millman, found the terms of the proffer reasonable and awarded $130,000.00 for all elements of compensation under 42 U.S.C. § 300aa-15(a). Additionally, a separate stipulation resulted in an award of $15,635.00 for attorneys' fees and costs. The total award was $145,635.00. The specific medical mechanism, onset, symptoms, diagnostic tests, treatments, and expert testimony are not described in the provided public text. The theory of causation is based on the "Table" as indicated by the initial database fields, and the respondent's concession of SIRVA. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Lynn E. Ricciardella. The decision on damages was issued October 6, 2014, and the decision on fees was issued October 15, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00991-0
Date issued/filed: 2014-10-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/06/2014) regarding 15 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00991-UNJ Document 24 Filed 10/28/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-991V
Filed: October 6, 2014
Not for Publication
*************************************
KATHY KOVALCIK, *
*
Petitioner, *
* Damages decision based on proffer;
v. * influenza (flu) vaccine; shoulder
* injury related to vaccine
SECRETARY OF HEALTH * administration (SIRVA)
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Maximillian J. Muller, Philadelphia, PA, for petitioner.
Lynn E. Ricciardella, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On December 13, 2013, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. §§ 300aa-10–34 (2006), alleging that she suffered a shoulder injury as a
result of the influenza (“flu”) vaccination she received on October 11, 2012. On March 24,
2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder
injury related to vaccine administration (“SIRVA”) and recommending compensation.
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this decision on the United States Court of Federal Claims's website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document=s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.
1

Case 1:13-vv-00991-UNJ Document 24 Filed 10/28/14 Page 2 of 4
On October 6, 2014, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards a lump sum payment of $130,000.00,
representing all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). The award shall be in the form of a check for $130,000.00 made payable to
petitioner, Kathy Kovalcik.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: October 6, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:13-vv-00991-UNJ Document 24 Filed 10/28/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KATHY KOVALCIK, )
)
Petitioner, ) No. 13-991V
) Special Master Millman
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
Respondent proffers that, based on the evidence of record, Kathy Kovalcik,
petitioner, should be awarded $130,000.00. This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1);
§15(a)(3)(A); and §15(a)(4). Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to Kathy Kovalcik should be
made through a lump sum payment as described below, and request that the special
master’s decision and the Court’s judgment award the following:1
A lump sum payment of $130,000.00 in the form of a check payable to petitioner,
Kathy Kovalcik. This amount accounts for all elements of compensation under
42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
1 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 medical expenses, future lost earnings, and future pain and suffering.

Case 1:13-vv-00991-UNJ Document 24 Filed 10/28/14 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/ Lynn E. Ricciardella
LYNN E. RICCIARDELLA
Senior 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) 616-4356
DATED: October 6, 2014

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00991-1
Date issued/filed: 2014-11-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/15/2014) regarding 21 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00991-UNJ Document 25 Filed 11/05/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-991V
Filed: October 15, 2014
Not for Publication
*************************************
KATHY KOVALCIK, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Maximillian J. Muller, Philadelphia, PA, for petitioner.
Lynn E. Ricciardella, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On October 15, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
In accordance with the General Order #9 requirement, petitioner asserts that she did not
incur any costs in pursuit of her petition. Petitioner submitted her request for attorneys’ fees and
costs to respondent. During informal discussions, respondent raised objections to certain items in
petitioner’s application. Based on these objections, petitioner amends her application for
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00991-UNJ Document 25 Filed 11/05/14 Page 2 of 2
attorneys’ fees and costs to $15,635.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $15,635.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Muller Brazil, LLP in the amount of $15,635.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: October 15, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2