VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01333
Package ID: USCOURTS-cofc-1_16-vv-01333
Petitioner: Julie R. Korb
Filed: 2016-10-13
Decided: 2018-04-18
Vaccine: influenza
Vaccination date: 2013-10-13
Condition: rotator cuff tendinopathy, impingement syndrome and a partial tear
Outcome: compensated
Award amount USD: 110634

AI-assisted case summary:
Julie R. Korb filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2016, alleging that she suffered injuries, including rotator cuff tendinopathy, impingement syndrome, and a partial tear, caused by a Trivalent Influenza vaccination she received on October 13, 2013. The respondent conceded that her right shoulder injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused by the flu vaccine. A ruling on entitlement was issued on May 3, 2017, finding her entitled to compensation. On January 8, 2018, the respondent filed a proffer on award of compensation, proposing $110,634.83. This amount included $630.00 for past unreimbursable medical expenses, $7,504.83 for past lost wages, and $102,500.00 for pain and suffering. The petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on April 18, 2018, granting the lump sum payment of $110,634.83 to Julie R. Korb.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01333-0
Date issued/filed: 2017-12-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/03/2017) regarding 16 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01333-UNJ Document 35 Filed 12/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1333V
Filed: May 3, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JULIE R. KORB, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner.
Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 13, 2016, Julie R. Korb (“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 “injuries,
including rotator cuff tendinopathy, impingement syndrome and a partial tear, that were
caused by the Trivalent Influenza vaccination that she received on Wednesday,
September 18, 2013.” Petition at 1; accord. Petition at ¶¶ 2, 12. 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 has not received compensation for
her injuries alleged as vaccine caused. Id. at ¶¶ 2, 13-14. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
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-01333-UNJ Document 35 Filed 12/11/17 Page 2 of 2
On May 3, 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 “has concluded that petitioner’s alleged right shoulder injury is
consistent with shoulder injury related to vaccine administration (“SIRVA”), and that it
was caused in fact by the flu vaccine she received on October 14, 2013.” Id. at 7.
Respondent further indicates that “based on the record as it now stands, 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01333-1
Date issued/filed: 2018-04-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 1/8/2018) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01333-UNJ Document 41 Filed 04/18/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1333V
Filed: January 8, 2018
UNPUBLISHED
JULIE R. KORB,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner.
Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 13, 2016, Julie R. Korb (“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 “injuries,
including rotator cuff tendinopathy, impingement syndrome and a partial tear, that were
caused by the Trivalent Influenza vaccination that she received on Wednesday,
September 18, 2013.” Petition at 1; accord. Petition at ¶¶ 2, 12. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 3, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury related to vaccine administration (“SIRVA”). On
January 8, 2018, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $110,634.83, representing $630.00 for past
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-01333-UNJ Document 41 Filed 04/18/18 Page 2 of 4
unnreimburseable medical expenses, $7,504.83 for past lost wages, and $102,500.00
for pain and suffering. Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the 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 $110,634.83, representing $630.00 for past
unnreimburseable medical expenses, $7,504.83 for past lost wages, and
$102,500.00 for pain and suffering, in the form of a check payable to petitioner,
Julie R. Korb. This amount represents compensation for all damages that would be
available under § 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-01333-UNJ Document 41 Filed 04/18/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JULIE KORB, )
)
Petitioner, )
) No. 16-1333V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 13, 2016, Julie Korb (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered a right shoulder injury related to vaccine administration
(“SIRVA”), which was caused-in-fact by an influenza (“flu”) vaccination administered on
October 13, 2013. Respondent filed his Rule 4(c) Report conceding entitlement to compensation
on May 3, 2017. The Chief Special Master issued a Ruling on Entitlement on May 3, 2017.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$110,634.83, consisting of past unreimbursed medical expenses ($630.00), past lost earnings
($7,504.83), and pain and suffering ($102,500.00), which 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, 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.
1

Case 1:16-vv-01333-UNJ Document 41 Filed 04/18/18 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $110,634.83 in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3644
Fax: (202) 353-2988
DATED: January 8, 2018
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2