VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00477
Package ID: USCOURTS-cofc-1_15-vv-00477
Petitioner: Kimberly Sengenberger
Filed: 2015-05-11
Decided: 2016-05-31
Vaccine: influenza
Vaccination date: 2013-12-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65600

AI-assisted case summary:
Kimberly Sengenberger filed a petition for compensation under the National Vaccine Injury Compensation Program on May 11, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 15, 2013. The respondent denied that the flu vaccine caused her injury. Despite the denial, the parties filed a joint stipulation for damages, which the court adopted. The stipulation awarded Ms. Sengenberger a lump sum of $65,000.00 for all items of damages and an additional $600.77 to satisfy a State of Kentucky Medicaid lien. The total compensation awarded was $65,600.00. The decision was based on this joint stipulation. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Ronald Homer, and respondent counsel was Althea Davis. The Special Master was Nora Beth Dorsey.

Theory of causation field:
Petitioner Kimberly Sengenberger alleged a shoulder injury related to vaccine administration (SIRVA) following receipt of an influenza vaccine on December 15, 2013. Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $65,000.00 for all damages and $600.77 to satisfy a State of Kentucky Medicaid lien, totaling $65,600.00. The theory of causation was based on the Table, as indicated by the stipulation. No specific medical experts or detailed causation mechanism were described in the public decision. Petitioner was represented by Ronald Homer, and respondent by Althea Davis. The decision date was May 31, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00477-0
Date issued/filed: 2016-05-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/29/2016) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00477-UNJ Document 29 Filed 05/31/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-477V
Filed: April 29, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY SENGENBERGER, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“flu”) Vaccine; Shoulder
v.
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, Boston, MA, for petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 11, 2015, Kimberly Sengenberger (“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 alleges that she suffered a shoulder
injury related to vaccine administration (“SIRVA”) following her receipt of the influenza
(“flu”) vaccine on December 15, 2013. Petition at 1; Stipulation, filed April 29, 2016, at
¶¶ 1, 2. Petitioner further alleges that she received the vaccination in the United States,
that she has suffered the effects of her injury for more than six months, and that she has
not received compensation for her vaccine related injury. Pet. at ¶¶ 14-16; see also
Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine is the cause of petitioner’s
SIRVA or any other injury or her current condition. Stip. at ¶ 6.
Nevertheless, on April 29, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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 1:15-vv-00477-UNJ Document 29 Filed 05/31/16 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
1) A lump sum of $65,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all items of damages that would be
available under 42 U.S.C. § 300aa-15(a); and
2) A lump sum of $600.77, representing compensation for satisfaction of a
State of Kentucky Medicaid lien, in the form of a check payable jointly to
petitioner and
Optum
PO Box 13216
Green Bay, WI 54307-3216
Attn: Michelle Buss – 920-662-8650
RE: Member – Kimberly Sengenberger
File Number: SN11502209
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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

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