VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00381
Package ID: USCOURTS-cofc-1_16-vv-00381
Petitioner: Rebecca Kemak
Filed: 2016-03-24
Decided: 2016-08-05
Vaccine: influenza
Vaccination date: 2015-09-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Rebecca Kemak filed a petition for compensation under the National Vaccine Injury Compensation Program on March 24, 2016, alleging a severe adverse reaction after receiving an influenza vaccination on September 11, 2015. She claimed to have suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 17, 2016, conceding that petitioner's injury was consistent with SIRVA, that it was caused-in-fact by the flu vaccination, and that no other causes were identified. Respondent further confirmed that the statutory six-month sequela requirement was satisfied, making petitioner eligible for compensation. Based on respondent's concession and the evidence, the Chief Special Master ruled on entitlement, finding Rebecca Kemak entitled to compensation. Subsequently, on August 5, 2016, a decision awarding damages was issued. Respondent had included a proffer of compensation in the amount of $70,000.00, which petitioner agreed to. The court awarded Rebecca Kemak a lump sum payment of $70,000.00, representing compensation for all available damages.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00381-0
Date issued/filed: 2016-08-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/21/2016) regarding 14 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00381-UNJ Document 23 Filed 08/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-381V
Filed: June 21, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
REBECCA KEMAK, *
*
v. *
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 24, 2016, Rebecca Kemak (“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” or “Program”). Petitioner “requests
compensation . . . due to a severe adverse reaction after receiving an influenza
vaccination on September 11, 2015.” Petition at 1. Petitioner alleges she suffered a
shoulder injury following her vaccination. Id. at ¶ 4. Petitioner further alleges that no
civil action has been brought nor any settlement or award has been collected for her
injury, alleged as vaccine caused. Id. at ¶ 16. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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 1:16-vv-00381-UNJ Document 23 Filed 08/05/16 Page 2 of 2
On June 17, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report3
at 1. Specifically, respondent “has concluded that petitioner’s alleged injury is
consistent with SIRVA; that a preponderance of evidence establishes that her SIRVA
was caused-in-fact by the flu vaccination she received on September 11, 2015; and that
no other causes for petitioner’s SIRVA were identified.” Id. at 2. (citation omitted).
Respondent further indicates that “the statutory six month sequela requirement has
been satisfied, . . . [and] [t]herefore, based on the current record, petitioner has satisfied
all legal prerequisites for compensation under the Act.” Id. (citation omitted).
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Respondent filed the Rule 4(c) Report in conjunction with a Proffer, titling the document
“RESPONDENT’S RULE 4(c) REPORT RECOMMENDING COMPENSATION and PROFFER OF
COMPENSATION.”
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00381-1
Date issued/filed: 2016-08-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/21/2016) regarding 15 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00381-UNJ Document 24 Filed 08/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-381V
Filed: June 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
REBECCA KEMAK, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine (“Flu Vaccine”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 24, 2016, Rebecca Kemak (“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” or “Program”). Petitioner “requests
compensation . . . due to a severe adverse reaction after receiving an influenza
vaccination on September 11, 2015.” Petition at 1. Petitioner alleges she suffered a
shoulder injury following her vaccination. Id. at ¶ 4.The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 21, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. In her June 17, 2016 Rule 4(c) Report, respondent
included a proffer on award of compensation, stating that petitioner should be awarded
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 1:16-vv-00381-UNJ Document 24 Filed 08/05/16 Page 2 of 2
$70,000.00. Respondent’s Rule 4(c) Report and Proffer at 2. Respondent represented
that petitioner agrees 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 Respondent’s
Rule 4(c) Report and Proffer.
Pursuant to the terms stated in the Respondent’s Rule 4(c) Report and Proffer,3
the undersigned awards petitioner a lump sum payment of $70,000.00 in the form
of a check payable to petitioner, Rebecca Kemak. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Because Respondent’s Rule 4(c) Report and Proffer contains detailed medical information, it will not be
attached to this decision.
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.
2