VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00089
Package ID: USCOURTS-cofc-1_17-vv-00089
Petitioner: Janice Kilpatrick
Filed: 2017-01-23
Decided: 2018-09-05
Vaccine: pneumococcal conjugate
Vaccination date: 2015-11-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95301

AI-assisted case summary:
Janice Kilpatrick filed a petition for compensation under the National Vaccine Injury Compensation Program on January 23, 2017, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a Prevnar 13 pneumococcal vaccine on November 12, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 20, 2017, conceding that petitioner was entitled to compensation. The respondent agreed that the alleged injury was consistent with SIRVA and that no other cause for the petitioner's injury had been identified. The respondent also stated that the petitioner had suffered her condition for more than six months and satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 20, 2017, finding petitioner entitled to compensation. Subsequently, on May 21, 2018, the respondent filed a proffer on the award of compensation. The proffer indicated that petitioner should be awarded $95,301.10, comprising $95,000.00 for pain and suffering and $301.10 for past out-of-pocket medical expenses. The proffer stated that the petitioner agreed with this proffered award. On September 5, 2018, Chief Special Master Dorsey issued a decision awarding Janice Kilpatrick a total of $95,301.10 in the form of a lump sum payment. This amount represented compensation for all damages available under the Vaccine Act. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Janice Kilpatrick received a Prevnar 13 pneumococcal vaccine on November 12, 2015, and subsequently alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement to compensation, agreeing that the injury was consistent with SIRVA and that no other cause had been identified. The case proceeded as a Table claim. The parties stipulated to damages, with the respondent proffering an award of $95,301.10, consisting of $95,000.00 for pain and suffering and $301.10 for past out-of-pocket medical expenses. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 20, 2017, and a decision awarding damages on September 5, 2018. Petitioner was represented by Amber Diane Wilson (Maglio Christopher & Toale, PA), and respondent was represented by Claudia Barnes Gangi (U.S. Department of Justice). The public decision does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00089-0
Date issued/filed: 2018-01-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/20/2017) regarding 16 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00089-UNJ Document 33 Filed 01/25/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-89V
Filed: July 20, 2017
UNPUBLISHED
JANICE KILPATRICK,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Pneumococcal
Conjugate Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND Related to Vaccine Administration
HUMAN SERVICES, (SIRVA)
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 January 23, 2017, 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 right shoulder injury following
receipt of a Prevnar 13 pneumococcal vaccine on November 12, 2015. Petition at 3.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 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 “has determined that the alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”).” Id. at 3. Respondent
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 1:17-vv-00089-UNJ Document 33 Filed 01/25/18 Page 2 of 2
further agrees that no other cause for petitioner’s injury has been identified, that she
suffered her condition for more than six months and that she has satisfied all legal
prerequisites for compensation under the Vaccine Act. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00089-1
Date issued/filed: 2018-09-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/24/2018) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00089-UNJ Document 53 Filed 09/05/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-89V
Filed: May 24, 2018
UNPUBLISHED
JANICE KILPATRICK,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Pneumococcal Conjugate Vaccine;
v.
Shoulder Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 23, 2017, 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”) following receipt of a Prevnar 13 pneumococcal vaccine on
November 12, 2015. Petition at 3. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On July 20, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On May 21, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $95,301.10 comprised
of $95,000.00 for pain and suffering; and $301.10 for past out-of-pocket medical
expenses. 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 1:17-vv-00089-UNJ Document 53 Filed 09/05/18 Page 2 of 4
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 $95,301.10 in the form of a check payable to
petitioner, Janice Kilpatrick. 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 1:17-vv-00089-UNJ Document 53 Filed 09/05/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
JANICE KILPATRICK, )
)
Petitioner, )
) No. 17-89V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On July 20, 2017, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. That same day, Chief Special Master Dorsey issued a
Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her
Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based upon the evidence of
record, respondent proffers that petitioner should be awarded $95,301.10. The award is
comprised of the following: $95,000.00 for pain and suffering; and $301.10 for past out-of-
pocket medical expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $95,301.10, in the form of a check payable to petitioner.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 pain and
suffering.

Case 1:17-vv-00089-UNJ Document 53 Filed 09/05/18 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: May 21, 2018