VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01167
Package ID: USCOURTS-cofc-1_16-vv-01167
Petitioner: Kimberly Albers-Fehr
Filed: 2016-09-20
Decided: 2017-12-06
Vaccine: influenza
Vaccination date: 2015-10-11
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Kimberly Albers-Fehr filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2016. She alleged that she suffered right shoulder injuries resulting from an influenza vaccination received on October 11, 2015. The petition stated that the vaccination occurred in the United States, that the residual effects of the injury lasted more than six months, and that no other action or compensation had been sought for the vaccine-caused injury. The case was assigned to the Special Processing Unit. On December 22, 2016, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent concluded that the petitioner suffered a non-Table injury of Shoulder Injury Related to Vaccine Administration (SIRVA) and that the medical evidence indicated the injury was causally related to the flu vaccination. Based on this concession and the evidence, Chief Special Master Nora Beth Dorsey ruled that the petitioner was entitled to compensation. Subsequently, on April 5, 2017, the respondent filed a proffer on the award of compensation. The proffer indicated that the petitioner should be awarded $80,000.00, and the petitioner agreed with this amount. The proffer stated that this sum represented all elements of compensation available under 42 U.S.C. § 300aa-15(a). In a decision dated December 6, 2017, Chief Special Master Dorsey awarded Kimberly Albers-Fehr a lump sum payment of $80,000.00, payable by check to her. This award was based on the stipulation and proffer agreed upon by both parties. Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and respondent was represented by Douglas Ross of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kimberly Albers-Fehr alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 11, 2015. The respondent conceded entitlement, concluding it was a non-Table SIRVA injury causally related to the vaccination. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. The case proceeded based on the respondent's concession and a proffer agreed upon by both parties. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 22, 2016, finding petitioner entitled to compensation. A subsequent decision on December 6, 2017, awarded petitioner a lump sum of $80,000.00, representing all damages under 42 U.S.C. § 300aa-15(a), based on a stipulation and proffer. Petitioner was represented by Paul Brazil (Muller Brazil, LLP), and respondent was represented by Douglas Ross (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01167-0
Date issued/filed: 2017-04-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/22/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. Modified on 6/19/2017 to correct docket text (kh).
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Case 1:16-vv-01167-UNJ Document 25 Filed 04/26/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1167V
Filed: December 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY ALBERS-FEHR, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 20, 2016, Kimberly Albers-Fehr (“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 alleges that she
suffered right shoulder injuries resulting from the influenza vaccination she received on
October 11, 2015. Petition at 1, ¶¶ 2, 16. Petitioner further alleges that she received
the vaccination in the United States, has suffered the residual effects of her injury for
more than six months, and that neither she nor any other party has filed an action or
received compensation for her injury alleged as vaccine caused. Id. at ¶¶ 2, 16-18.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 22, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
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-01167-UNJ Document 25 Filed 04/26/17 Page 2 of 2
4(c) Report at 1. Specifically, respondent “concluded that petitioner suffered a non-
Table injury of SIRVA and that the preponderance of the medical evidence indicates
that the injury was causally related to the flu vaccination she received on October 11,
2015.” Id. at 7. Respondent further indicates that “based on the record as it now
stands, compensation is appropriate, as petitioner has satisfied all legal prerequisites
for compensation under the Act.” Id.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01167-1
Date issued/filed: 2017-12-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/05/2017) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01167-UNJ Document 33 Filed 12/06/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1167V
Filed: April 5, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY ALBERS-FEHR, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Influenza Vaccine (“Flu Vaccine”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 20, 2016, Kimberly Albers-Fehr (“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
suffered right shoulder injuries resulting from the influenza vaccination she received on
October 11, 2015. Petition at 1, ¶¶ 2, 16. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 22, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 13). On April 5, 2017, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$80,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-01167-UNJ Document 33 Filed 12/06/17 Page 2 of 4
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 Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $80,000.00 in the form of a check payable to
petitioner, Kimberly Albers-Fehr. 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-01167-UNJ Document 33 Filed 12/06/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
KIMBERLEY ALBERS-FEHR, *
*
Petitioner, *
*
v. * No. 16-1167V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In her December 22, 2016 Ruling on Entitlement, the Chief Special Master found that a
preponderance of the medical evidence indicates that petitioner suffered a shoulder injury related
to vaccine administration (“SIRVA”), which was causally related to the flu vaccination she
received on October 11, 2015. The parties have now addressed the amount of compensation to
be awarded in this case.
I. Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total lump sum of $80,000.00, which amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:16-vv-01167-UNJ Document 33 Filed 12/06/17 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Accordingly, the parties recommend that the
compensation provided should be made through lump sum payment in the form of a check for
$80,000.00, payable to petitioner.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
Civil Division
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/ DOUGLAS ROSS
DOUGLAS ROSS
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) 616-3667
DATE: April 5, 2017
2