VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00792
Package ID: USCOURTS-cofc-1_14-vv-00792
Petitioner: Morgan Kruger
Filed: 2014-11-21
Decided: 2016-01-19
Vaccine: influenza
Vaccination date: 2013-01-10
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 169500

AI-assisted case summary:
Morgan Kruger filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that an influenza vaccination administered on January 10, 2013, caused a shoulder injury related to vaccine administration (SIRVA) that persisted for longer than six months. The respondent, the Secretary of Health and Human Services, conceded that Petitioner's claim was appropriate for compensation, finding that the injury was causally related to the vaccine and met the criteria for SIRVA. Based on this concession, the court issued a ruling on entitlement, finding Morgan Kruger entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation, agreeing to a lump sum payment of $150,000.00 for all elements of damages. Later, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $19,500.00, payable jointly to Morgan Kruger and her counsel. The total compensation awarded to Morgan Kruger was $169,500.00.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00792-0
Date issued/filed: 2014-12-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/21/2014) regarding 19 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00792-UNJ Document 21 Filed 12/16/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-792V
Filed: November 21, 2014
* * * * * * * * * * * * * * * * * * * * * * * *
MORGAN KRUGER, *
*
Petitioner, * Ruling on entitlement; Concession;
v. * Cause-in-fact; SIRVA; Influenza
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * *
1
RULING ON ENTITLEMENT
Vowell, Special Master:
On August 29, 2014, Morgan Kruger filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. The petition alleges that as a result of the administration
of an influenza vaccination on January 10, 2013, Petitioner developed a shoulder injury
related to vaccine administration the effects of which she suffered longer than six
months. Petition at p. 1.
On November 19, 2014, Respondent filed a status report in this case conceding
that Petitioner’s claim is appropriate for compensation under the Vaccine Act. (ECF No.
18, p. 1.) Specifically, Respondent stated that “Respondent’s position is that petitioner
meets all of the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA)
as set forth by the upcoming Vaccine Injury Table. Therefore it is recommended that
compensation be awarded under the Vaccine Injury Compensation Program since the
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post this ruling and order on the United States Court of Federal Claims' website, in accordance with the
E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete 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
delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00792-UNJ Document 21 Filed 12/16/14 Page 2 of 2
preponderance of the medical evidence indicates that the injury identified in the petition
is causally related to the vaccine.”3 (Id.)
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Although the status report does not explicitly use the term “concede” or “concession,” Office of Special
Masters Staff Attorney Daniel Horner confirmed orally during a status conference with the parties on
November 21, 2014, that the status report was intended by Respondent’s counsel as a concession
regarding entitlement in this case and that her client understood and intended that a ruling on entitlement
would result.

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00792-1
Date issued/filed: 2015-09-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/27/2015) regarding 36 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00792-UNJ Document 42 Filed 09/30/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-792V
Filed: August 27, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MORGAN KRUGER, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza; Shoulder Injury (“SIRVA”)
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio Christopher and Toale, PA, Washington, D.C., for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On August 29, 2014, Morgan Kruger filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury
resulting from the administration of an influenza vaccine on Janary 10, 2013. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 21, 2014, I issued a ruling on entitlement, finding petitioner entitled
to compensation for a Shoulder Injury Related to Vaccine Administration (“SIRVA”). On
August 27, 2015, respondent filed a proffer on award of compensation [“Proffer”]
indicating petitioner should be awarded $150,000.00, representing all elements of
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it on the United States Court of Federal Claims' website, in accordance with the E-Government
Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-00792-UNJ Document 42 Filed 09/30/15 Page 2 of 4
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled. Proffer at
1.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $150,000.00 in the form of a check payable to petitioner, Morgan
Kruger. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.

CCaassee 11::1144--vvvv--0000779922--UUNNJJ DDooccuummeenntt 3452 FFiilleedd 0089//2370//1155 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
MORGAN KRUGER, ) ECF
)
Petitioner, ) No. 14-792V
) Chief Special Master
v. ) DENISE K. VOWELL
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 19, 2014, respondent filed a status report in which she conceded entitlement.
On November 21, 2014, the Court issued a Ruling on Entitlement, finding that petitioner is entitled
to compensation. Respondent now proffers that petitioner receive an award of a lump sum of
$150,000.00, in the form of a check payable to petitioner. This amount represents compensation
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1
This proffer does not address final attorneys’ fees and litigation costs. Petitioner is additionally
entitled to reasonable attorneys’ fees and litigation costs, to be determined at a later date upon
petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $150,000.00, as representing all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
1 Should petitioner die prior to the 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.

CCaassee 11::1144--vvvv--0000779922--UUNNJJ DDooccuummeenntt 3452 FFiilleedd 0089//2370//1155 PPaaggee 24 ooff 24
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: August 27, 2015
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_14-vv-00792-2
Date issued/filed: 2016-01-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/17/2015) regarding 45 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00792-UNJ Document 48 Filed 01/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-792V
Filed: November 17, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MORGAN KRUGER, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On August 29, 2014, petitioner 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. On August 27, 2015, the undersigned issued a decision awarding
compensation to petitioner based on respondent’s proffer.
On November 17, 2015, the parties filed a Stipulation of Fact Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $19,500.00. In accordance with General Order #9, petitioner’s counsel
represents that petitioner incurred no out-of-pocket expenses.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-00792-UNJ Document 48 Filed 01/19/16 Page 2 of 2
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, the undersigned awards the total of $19,500.003 as a lump
sum in the form of a check jointly payable to petitioner and petitioner’s counsel
Danielle Strait, Esq.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
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.