VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01112
Package ID: USCOURTS-cofc-1_16-vv-01112
Petitioner: Kirk Franceschini
Filed: 2017-03-20
Decided: 2019-05-14
Vaccine: influenza
Vaccination date: 2013-11-06
Condition: septic arthritis in petitioner’s left shoulder
Outcome: compensated
Award amount USD: 256000

AI-assisted case summary:
Kirk Franceschini filed a petition for compensation under the National Vaccine Injury Compensation Program on September 7, 2016. He alleged that an influenza and/or tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on November 6, 2013, caused him to suffer either brachial neuritis or a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report on March 20, 2017, conceding that Mr. Franceschini was entitled to compensation. The respondent recommended an award for septic arthritis in Mr. Franceschini's left shoulder, noting that he continued to seek treatment for his arm/shoulder pain for more than six months after the onset of his condition and had inpatient hospitalization. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 20, 2017, finding that the petitioner was entitled to compensation. The case was then moved to the damages phase and transferred to Special Master Thomas L. Gowen on February 8, 2018. On May 14, 2019, the parties filed a stipulation for damages. The stipulation awarded Mr. Franceschini a lump sum of $256,000.00, payable by check, representing all damages available under 42 U.S.C. § 300aa-15(a) for injuries related to the flu and/or Tdap vaccines. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered accordingly. Petitioner's counsel was Robert J. Killeen, Jr. of Killeen & Stern, P.C. Respondent's counsel was Ryan D. Pyles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.

Theory of causation field:
Petitioner Kirk Franceschini alleged that an influenza and/or Tdap vaccine received on November 6, 2013, caused either brachial neuritis or a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement to compensation, recommending an award for septic arthritis in the petitioner's left shoulder. The public text does not detail the specific mechanism of injury, expert testimony, or the medical evidence supporting the theory of causation beyond the respondent's concession. Chief Special Master Nora Beth Dorsey ruled on entitlement, finding the petitioner entitled to compensation. Subsequently, Special Master Thomas L. Gowen approved a stipulation for damages, awarding a lump sum of $256,000.00 to the petitioner. The decision date for the stipulation was May 14, 2019. Petitioner's counsel was Robert J. Killeen, Jr. (Killeen & Stern, P.C.), and respondent's counsel was Ryan D. Pyles (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01112-0
Date issued/filed: 2017-10-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/20/2017) regarding 19 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01112-UNJ Document 31 Filed 10/20/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1112V
Filed: March 20, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIRK FRANCESCHINI, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) vaccine; Tetanus-
* Diphtheria-acellular pertussis (“Tdap”)
SECRETARY OF HEALTH * vaccine; brachial neuritis; Shoulder
AND HUMAN SERVICES, * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
Respondent. * (“SPU”)
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert J. Killeen, Jr., Killeen & Stern, P.C., Houston, TX, for petitioner.
Ryan D. Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 7, 2016, Kirk Franceschini (“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 an influenza (“flu”)
and/or tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine that he received on
November 6, 2013, caused him to suffer either brachial neuritis or a shoulder injury
related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On March 20, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent recommends that compensation be awarded for septic
arthritis in petitioner’s left shoulder. Id. at 1. Respondent further agrees that petitioner
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-01112-UNJ Document 31 Filed 10/20/17 Page 2 of 2
continued to seek treatment for his arm/shoulder pain for more than six months after the
onset of his condition and he also had inpatient hospitalization. Id. at 4-5.
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-01112-1
Date issued/filed: 2019-06-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/14/19) regarding 59 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made.
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Case 1:16-vv-01112-UNJ Document 61 Filed 06/07/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 14, 2019
* * * * * * * * * * * * * * * * * * * UNPUBLISHED
KIRK FRANCESCHINI, *
* No. 16-1112v
Petitioner, *
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Decision on Damages; Stipulation; Influenza
AND HUMAN SERVICES, * (“Flu”); Tetanus-diphtheria-acellular
* pertussis (“Tdap”); Septic Arthritis.
Respondent. *
* * * * * * * * * * * * * * * * * * *
Robert J. Killeen, Killeen & Stern, P.C., Houston, TX, for petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent.
DECISION ON DAMAGES1
On September 7, 2016, Kirk Franceschini (“petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner
alleged that an influenza (“flu”) vaccination and a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination, that he received on November 6, 2013, caused him to suffer either brachial neuritis
or a shoulder injury related to vaccine administration (“SIRVA”). The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On March 20, 2017, respondent filed a report pursuant to Vaccine Rule 4(c), in which
respondent recommended that petitioner be awarded compensation for septic arthritis in his left
shoulder. Respondent’s Report (“Resp. Rept.”) (ECF No. 18) at 1. Respondent further agrees
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the decision is posted on the court’s
website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:
(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that
includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). An objecting party must provide the court with a proposed redacted version of the
opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:16-vv-01112-UNJ Document 61 Filed 06/07/19 Page 2 of 7
that petitioner continued to seek treatment for his arm/ shoulder pain for more than six months
after the onset of his condition and he also had inpatient hospitalization. Id. at 4-5.
Also on March 20, 2017, Chief Special Master Dorsey, then presiding over the case in the SPU,
issued a ruling that petitioner was entitlement to compensation. Ruling on Entitlement (ECF No.
19). The case was moved to the damages phase. On February 8, 2018, the case was transferred
to the undersigned for further proceedings. Notice of Reassignment (ECF No. 40).
On May 14, 2019, the parties filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 58), attached hereto as
Appendix A.
The stipulation awards:
1) A lump sum of $256,000.00, in the form of a check payable to petitioner. This
amount represents all damages that would be available under 42 U.S.C. § 300aa-15(a)
for injuries related to, and/ or alleged to be related to, petitioner’s receipt of the flu
and/ or Tdap vaccines.
I find the stipulation reasonable and I adopt it as the decision of the Court in awarding
damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER
JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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