VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00781
Package ID: USCOURTS-cofc-1_16-vv-00781
Petitioner: Kathryn Scott-Hlavac
Filed: 2016-10-05
Decided: 2017-01-10
Vaccine: pneumococcal conjugate vaccine 13
Vaccination date: 2014-05-30
Condition: shoulder pain
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Kathryn Scott-Hlavac filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2016, alleging she suffered shoulder pain as a result of a pneumococcal conjugate vaccine 13 (PCV 13) administered on May 30, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner is entitled to compensation. The respondent agreed that the petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA), was caused-in-fact by the PCV 13 vaccine, and that there were no other identified causes for the injury. The petitioner also suffered the sequelae of her injuries for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found that the petitioner is entitled to compensation. The case was proceeding to determine damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00781-0
Date issued/filed: 2017-01-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/05/2016) regarding 14 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00781-UNJ Document 21 Filed 01/10/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0781V
Filed: October 5, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KATHRYN SCOTT-HLAVAC, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Pneumococcal Conjugate Vaccine
* (“PCV 13”); Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 30, 2016, Kathryn Scott-Hlavac (“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 shoulder
pain as a result of a pneumococcal conjugate vaccine 13 (“PCV 13”) administered on
May 30, 2014. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On October 5, 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) Report
at 1. Specifically, respondent states that petitioner’s alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”) and was caused-in-fact by
the administration of the PCV 13 vaccine. Id. at 1, 3. Respondent further agrees that
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-00781-UNJ Document 21 Filed 01/10/17 Page 2 of 2
there were no other causes identified for petitioner’s SIRVA and that she suffered the
sequela of her injuries for more than six months. Id. at 3-4.
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