VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01165
Package ID: USCOURTS-cofc-1_15-vv-01165
Petitioner: Kathryn S. Leffler
Filed: 2015-10-09
Decided: 2018-02-01
Vaccine: influenza
Vaccination date: 2012-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Kathryn S. Leffler filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2015, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 11, 2012. The respondent filed a Rule 4(c) Report conceding that petitioner is entitled to compensation, finding her injury consistent with SIRVA and not due to factors unrelated to the vaccination. The respondent also noted that the case was timely filed, the vaccine was on the Vaccine Injury Table, the vaccine was administered in the United States, and the petitioner suffered residuals for more than six months. Based on the concession and evidence, the court found petitioner entitled to compensation. Subsequently, on August 14, 2017, the respondent filed a proffer on award of compensation, recommending an award of $70,000.00, which petitioner agreed to. The court awarded petitioner a lump sum payment of $70,000.00, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01165-0
Date issued/filed: 2017-03-07
Pages: 3
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/29/2016) regarding 46 Findings of Fact & Conclusions of Law ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01165-UNJ Document 54 Filed 03/07/17 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1165V
Filed: November 29, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHRYN S. LEFFLER, *
*
Petitioner, * Fact Ruling; Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
v. * Administration (“SIRVA”); Conflicting
* Evidence of Vaccine Injection Site;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Daniel H. Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for petitioner.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON FACTS1
Dorsey, Chief Special Master:
On October 9, 2015, Kathryn S. Leffler (“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 right
shoulder injury that was caused-in-fact by an influenza (“flu”) vaccination she received
on October 11, 2012. Petition at 1. The case was assigned to the Special Processing
Unit (“SPU”) of the Office of Special Masters.
I. Summary of Dispute
Petitioner received an influenza vaccination on October 11, 2012. Exhibit 8. The
immunization record clearly documents that the vaccine was administered to petitioner’s
1 Because this unpublished ruling 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.

Case 1:15-vv-01165-UNJ Document 54 Filed 03/07/17 Page 2 of 3
left deltoid; petitioner, however, asserts it was given on the right side. In an affidavit
filed after the initial status conference, petitioner states that the vaccine record “is
mistaken.” Exhibit 9. She states that she is “left handed and ha[s] never had any shots
[in] other than [her] right shoulder.” Id. She also states that the “administrator [had]
wanted to inject [her] left shoulder,” but that she “declined more than once.” Id.
Despite petitioner’s attestations, respondent continued to have concerns about
this issue and requested a status conference to address the matter. See Status Rep.,
filed Nov. 1, 2016 (ECF No. 45). The status conference was convened on November
22, 2016. Daniel Pfeifer appeared for petitioner and Michael Milmoe appeared for
respondent.
At the start of the conference, Mr. Milmoe informed the undersigned that he and
Mr. Pfeifer had communicated via e-mail about this issue, and that during the exchange,
Mr. Pfeifer, and his associate Jerry McKeever, presented him with a concise summary
of the evidence they believe supports petitioner’s assertion. Mr. Milmoe read the
summary for the undersigned’s consideration.3 After more discussion, the undersigned
informed the parties that she was prepared to issue a fact ruling, having thoroughly
reviewed and considered the evidence before her. Both parties, through counsel,
consented to the undersigned issuing the ruling during the status conference.
The undersigned thereafter stated that she found preponderant support for
finding that petitioner received the October 11, 2012 influenza vaccination in her right
shoulder, as she claims. The undersigned then identified and discussed in detail the
evidence upon which her finding was based.
II. Summary of Facts Supporting Finding
The evidence in favor of petitioner’s assertion that she was vaccinated in her
right arm includes the following:
1. Petitioner’s initial affidavit wherein she states that she received the October
11, 2012 vaccination in her right shoulder. See Exhibit 2.
2. Chiropractic treatment records dated October 22, 2012, reflecting complaint
of right shoulder pain since receiving the October 11, 2012 flu shot. See
Exhibit 3 at 3. Subsequent records in this exhibit reflect regular treatment for
right shoulder symptoms.
3. Primary care records by Dr. William Nelson, dated October 22, 2012,
containing a history of “great problems with pain and swelling” in the
“posterior right arm” following a recent flu vaccination. See Exhibit 12 at 23.
The records note that Dr. Nelson’s physical examination revealed “a punctate
3 By agreement of the parties, Mr. Milmoe sent a copy of e-mail containing the summary to the OSM staff
attorney managing this case for inclusion in the case file.
2

Case 1:15-vv-01165-UNJ Document 54 Filed 03/07/17 Page 3 of 3
lesion surrounded by contusion” at an “appropriate location for an injection,
over the lateral portion of the arm, but below the deltoid.” Id.
4. Neurology records dated December 18, 2012, containing a history of stiffness
and pain in the right arm soon after receiving the October 11, 2012 flu shot,
and petitioner’s presentation of right upper extremity pain, weakness, and
numbness at the appointment. See Exhibit 4 at 6-8.
5. Workers’ Compensation records reflecting petitioner’s claim for benefits for a
right shoulder injury allegedly caused by the October 11, 2012 flu vaccination.
See Exhibit 7.
6. Petitioner’s second affidavit wherein she reiterates that the vaccine was
administered to her right shoulder and states the reasons why the
immunization record “is mistaken.” See Exhibit 9.
The evidence against petitioner’s assertion that she was vaccinated in her right
arm consists of the following:
1. The immunization record, which indicates the vaccine was given in her left
deltoid. Exhibit 8.
III. Fact Ruling
After a discussion of the facts set forth above, the undersigned made an oral
ruling in petitioner’s favor, finding the totality of the evidence indicated petitioner
received the October 11, 2012 vaccination in her right shoulder. The undersigned noted
that the primary care records dated October 22, 2012, which documented a right-side
“punctate lesion surrounded by contusion,” were particularly strong evidence that the
vaccine was given in the right shoulder, and not in the left, as noted on the vaccine
record. Additionally, petitioner consistently reported to treatment providers that her
symptoms developed after the October 11, 2012 vaccination.
IV. Conclusion
At the conclusion of the conference, Mr. Milmoe requested a period of 30 days to
discuss the undersigned’s finding with respondent and to file a status report indicating
how she wishes to proceed. Petitioner agreed with this proposal. Additional deadlines
will be set thereafter.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01165-1
Date issued/filed: 2017-09-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/01/2017) regarding 52 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01165-UNJ Document 71 Filed 09/22/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1165V
Filed: March 1, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHRYN S. LEFFLER, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Daniel H. Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for petitioner.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 9, 2015, Kathryn S. Leffler (“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 sustained a
shoulder injury related to vaccine administration (“SIRVA”) from an influenza (“flu”)
vaccination she received on October 11, 2012. Petition at 1. The case was assigned to
the Special Processing Unit (“SPU”) of the Office of Special Masters.
On February 28, 2017, respondent filed a Rule 4(c) Report conceding that
petitioner is entitled to compensation. Rule 4(c) Rep. at 1. Based on his evaluation of
the evidence, respondent concludes that petitioner’s alleged injury is consistent with a
SIRVA, and that it is not due to factors unrelated to her October 11, 2012, influenza
vaccination. Id. at 4. Additionally, petitioner’s records demonstrate that the case was
timely filed, that petitioner received a vaccine set forth in the Vaccine Injury Table, and
1 Because this unpublished ruling 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-01165-UNJ Document 71 Filed 09/22/17 Page 2 of 2
that the vaccine was received in the United States. Id. Petitioner’s records also show
that she suffered residuals of her condition for more than six months. Id. Respondent
therefore believes entitlement to Vaccine Act compensation is appropriate. Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-01165-2
Date issued/filed: 2018-02-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/14/2017) regarding 67 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:15-vv-01165-UNJ Document 73 Filed 02/01/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1165V
Filed: August 14, 2017
UNPUBLISHED
KATHRYN S. LEFFLER,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Daniel H. Pfeifer, Pfeifer, Morgan & Stesiak, South Bend, IN, for petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 9, 2015, 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 sustained a shoulder injury related to vaccine
administration (“SIRVA”) from an influenza (“flu”) vaccination she received on October
11, 2012. The case was assigned to the Special Processing Unit (“SPU”) of the Office
of Special Masters.
On March 1, 2017, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for SIRVA. On August 14, 2017, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$70,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-01165-UNJ Document 73 Filed 02/01/18 Page 2 of 4
with the proffered award. Id. Based on the record as a whole, the undersigned finds
that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $70,000.00 in the form of a check payable to
petitioner, Kathryn S. Leffler. 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
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

Case 1:15-vv-01165-UNJ Document 73 Filed 02/01/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHRYN S. LEFFLER, )
)
Petitioner, )
)
v. ) No. 15-1165V
) Chief Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$70,000.00. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as a
lump sum payment of $70,000.00, in the form of a check payable to petitioner.1 Petitioner is a
competent adult. Evidence of guardianship is not required in this case. This amount accounts
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:15-vv-01165-UNJ Document 73 Filed 02/01/18 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: August 14, 2017
2