VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01050
Package ID: USCOURTS-cofc-1_16-vv-01050
Petitioner: Kelsey Hanstead
Filed: 2016-08-24
Decided: 2017-12-13
Vaccine: influenza
Vaccination date: 2015-09-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 156063

AI-assisted case summary:
Kelsey Hanstead filed a petition for compensation under the National Vaccine Injury Compensation Program on August 24, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her September 29, 2015 influenza vaccination. The case was assigned to the Special Processing Unit. On December 5, 2016, the respondent conceded that Ms. Hanstead was entitled to compensation, agreeing that her right shoulder injury was consistent with SIRVA and caused by the flu vaccine. The respondent also confirmed that no other cause for the injury was identified and that Ms. Hanstead met the statutory requirements for entitlement. A ruling on entitlement was issued on December 8, 2016, finding her entitled to compensation. Subsequently, on May 12, 2017, the respondent filed a proffer on award of compensation, proposing an award of $156,063.00, which Ms. Hanstead agreed to. The court issued a decision awarding Ms. Hanstead a lump sum payment of $156,063.00 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_16-vv-01050-0
Date issued/filed: 2017-04-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/08/2016) 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-01050-UNJ Document 24 Filed 04/10/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1050V
Filed: December 8, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KELSEY HANSTEAD, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 24, 2016, 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”) as a result of her September 29, 2015 influenza vaccination.
Amended Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 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 “has determined that petitioner’s right
shoulder injury is consistent with SIRVA, and that it was caused in fact by the flu
vaccine she received on September 29, 2015.” Id. at 4. 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-01050-UNJ Document 24 Filed 04/10/17 Page 2 of 2
no other cause for petitioner’s injury has been identified, that she suffered sequela of
her injury for more than six months, and that she has met the statutory requirements for
entitlement to compensation under the Vaccine Act. Id.
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-01050-1
Date issued/filed: 2017-12-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/12/2017) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01050-UNJ Document 37 Filed 12/13/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1050V
Filed: May 12, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KELSEY HANSTEAD, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 24, 2016, 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 she suffered a shoulder injury
related to vaccine administration (“SIRVA”) as a result of her September 29, 2015
influenza vaccination. Amended Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 8, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On May 12, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $156,063.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
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-01050-UNJ Document 37 Filed 12/13/17 Page 2 of 4
proffered award. 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 $156,063.00 in the form of a check payable to
petitioner, Kelsey Hanstead. 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-01050-UNJ Document 37 Filed 12/13/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KELSEY HANSTEAD, )
)
Petitioner, )
) No. 16-1050V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on December 5, 2016, conceding entitlement in this case. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $156,063.00, which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a) for her vaccine-related injury.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $156,063.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:16-vv-01050-UNJ Document 37 Filed 12/13/17 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/ Ann D. Martin
ANN D. MARTIN
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) 307-1815
DATED: May 12, 2017
2