VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00511
Package ID: USCOURTS-cofc-1_16-vv-00511
Petitioner: Laura Kerrin
Filed: 2016-04-26
Decided: 2017-01-09
Vaccine: Hepatitis B
Vaccination date: 2015-01-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75998

AI-assisted case summary:
Laura Kerrin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received the Hepatitis B vaccine in her left shoulder on January 20, 2015, and subsequently suffered injuries caused by the vaccination. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) Report conceding that petitioner was entitled to compensation, stating that her injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that she had suffered residual effects for more than six months. Based on this concession and the evidence, the court found petitioner entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. Respondent proposed an award of $75,998.08, representing $998.08 for lost earnings and $75,000.00 for pain and suffering, reduced to net present value. Petitioner agreed with this proposed award. The court awarded Laura Kerrin a lump sum payment of $75,998.08, representing compensation for lost earnings and pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00511-0
Date issued/filed: 2016-10-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/08/2016) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00511-UNJ Document 23 Filed 10/31/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0511V
Filed: August 8, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LAURA KERRIN, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Hepatitis B Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 26, 2016, Laura Kerrin (“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 received the Hepatitis B vaccine
in her left shoulder on January 20, 2015, and subsequently suffered from injuries that
were caused in fact by the vaccination. Petition at 1. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On August 5, 2016, respondent filed her Rule 4(c) Report in which she concedes
that petitioner is entitled to compensation in this case. Rule 4(c) Rep. at 1. Specifically,
respondent stated, based on her evaluation of the evidence, that petitioner’s injury is
consistent with shoulder injury related to vaccine administration (“SIRVA”). Id. at 3.
Respondent further stated that petitioner’s medical records demonstrated that she has
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 1:16-vv-00511-UNJ Document 23 Filed 10/31/16 Page 2 of 2
suffered the residual effects of her condition for more than six months. Id. Petitioner
has therefore satisfied all legal prerequisites for compensation under the Act. Id. at 4.
In view of respondent’s concession and the evidence before me, 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 2: USCOURTS-cofc-1_16-vv-00511-1
Date issued/filed: 2017-01-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/29/2016) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00511-UNJ Document 30 Filed 01/09/17 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0511V
Filed: September 29, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LAURA KERRIN, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Hepatitis B Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 26, 2016, Laura Kerrin (“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 alleged that she received the
Hepatitis B vaccine in her left shoulder on January 20, 2015, and subsequently suffered
from injuries that were caused in fact by the vaccination. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On August 8, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On September 29, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $75,998.08,
representing compensation for lost earnings ($998.08) and actual and projected pain
and suffering reduced to net present value ($75,000.00). Proffer at 1-2. In the Proffer,
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-00511-UNJ Document 30 Filed 01/09/17 Page 2 of 5
respondent represented that petitioner agrees with the proffered award. Id. at 1. 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 $75,998.08, representing compensation for lost
earnings ($998.08), and pain and suffering ($75,000.00), in the form of a check
payable to petitioner, Laura Kerrin. 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 1:16-vv-00511-UNJ Document 30 Filed 01/09/17 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
LAURA KERRIN, )
)
Petitioner, )
) No. 16-511V
v. ) Chief Special Master Dorsey
) (ECF)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Lost Earnings
The parties agree that based upon the evidence of record, Laura Kerrin has suffered a past
loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers that the
Court should award Laura Kerrin a lump sum of $998.08 for her lost earnings as provided under
the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
B. Pain and Suffering
Respondent proffers that the Court should award Laura Kerrin a lump sum of $75,000.00
for her actual and projected pain and suffering. This amount reflects that the award for projected
pain and suffering has been reduced to net present value. See § 300aa-15(a)(4). Petitioner
agrees.
1

Case 1:16-vv-00511-UNJ Document 30 Filed 01/09/17 Page 4 of 5
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below and request that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $75,998.08,
representing compensation for lost earnings ($998.08), and pain and suffering ($75,000.00), in
the form of a check payable to petitioner, Laura Kerrin.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $75,998.00
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Senior Trial Counsel
Torts Branch, Civil Division
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 pain and
suffering.
2

Case 1:16-vv-00511-UNJ Document 30 Filed 01/09/17 Page 5 of 5
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
Dated: September 29, 2016
3