VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00283
Package ID: USCOURTS-cofc-1_17-vv-00283
Petitioner: Marla Kramer
Filed: 2017-10-27
Decided: 2018-03-16
Vaccine: influenza
Vaccination date: 2016-02-02
Condition: right shoulder injuries and neuralgia of the right upper extremity
Outcome: compensated
Award amount USD: 97108

AI-assisted case summary:
Marla Kramer filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2017, alleging that she suffered right shoulder injuries and neuralgia of the right upper extremity caused by influenza and Hepatitis A vaccinations she received on February 2, 2016. The petition stated that the vaccinations were administered in the United States, that the residual effects of her injuries lasted for more than six months, and that no action had been filed or compensation received for these injuries by any party. The case was assigned to the Special Processing Unit. On October 27, 2017, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner was entitled to compensation. The respondent believed that petitioner's alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the Hepatitis A vaccine. The respondent also agreed that petitioner had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 27, 2017, finding petitioner entitled to compensation. Subsequently, on December 15, 2017, the respondent filed a proffer on award of compensation, recommending an award of $97,108.38, stating that the petitioner agreed with this amount. The proffer indicated that this sum represented all elements of compensation available under 42 U.S.C. § 300aa-15(a). Chief Special Master Dorsey issued a Decision Awarding Damages on March 16, 2018, awarding Marla Kramer a lump sum payment of $97,108.38, payable by check to petitioner. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Mallori Browne Openchowski 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 mechanism of injury beyond the general category of SIRVA.

Theory of causation field:
Petitioner Marla Kramer alleged right shoulder injuries and neuralgia of the right upper extremity caused by influenza and Hepatitis A vaccinations received on February 2, 2016. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the Hepatitis A vaccine. The respondent also agreed that petitioner met all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 27, 2017, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages on March 16, 2018, awarded petitioner a lump sum of $97,108.38, representing compensation for all damages under 42 U.S.C. § 300aa-15(a), as agreed upon by both parties. Petitioner was represented by Amy A. Senerth, and respondent by Mallori Browne Openchowski. The specific medical experts, detailed clinical findings, onset, symptoms, tests, treatments, or the precise mechanism of injury beyond the SIRVA classification were not described in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00283-0
Date issued/filed: 2018-02-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/27/2017) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00283-UNJ Document 34 Filed 02/16/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0283V
Filed: October 27, 2017
UNPUBLISHED
MARLA KRAMER,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Hepatitis A (Hep A)
SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to
HUMAN SERVICES, Vaccine Administration (SIRVA)
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 28, 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 right shoulder injuries and neuralgia
of the right upper extremity caused by the influenza (“flu”) and Hepatitis A (“Hep A”)
vaccinations she received on February 2, 2016. Petition at 1, ¶¶ 2, 14. Petitioner
further alleges that she received the vaccinations in the United States, suffered the
residual effects of her injuries for more than six months, and neither she nor any other
party has filed any action or received any compensation for petitioner’s injuries alleged
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-00283-UNJ Document 34 Filed 02/16/18 Page 2 of 2
as vaccine caused. Id. at ¶¶ 14-16. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On October 27, 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 “believes that petitioner’s alleged injury is consistent with
a shoulder injury related to vaccine administration (“SIRVA”) and that it was caused-in-
fact by the Hepatitis A vaccine she received on February 2, 2016.” Id. at 6.
Respondent further agrees 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 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-00283-1
Date issued/filed: 2018-03-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/15/2017) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00283-UNJ Document 39 Filed 03/16/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-283V
Filed: December 15, 2017
UNPUBLISHED
MARLA KRAMER,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Hepatitis A
(Hep A) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND
Related to Vaccine Administration
HUMAN SERVICES,
(SIRVA)
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 28, 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 right shoulder injuries and neuralgia
of the right upper extremity caused by the influenza (“flu”) and Hepatitis A (“Hep A”)
vaccinations she received on February 2, 2016. Petition at 1, ¶¶ 2, 14. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 27, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her shoulder injuries. (ECF No. 25). On December 15,
2017, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $97,108.38. Proffer at 1 (ECF No. 28). In the Proffer,
respondent represented that petitioner agrees with the proffered award. Id. Based on
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-00283-UNJ Document 39 Filed 03/16/18 Page 2 of 4
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 $97,108.38 in the form of a check payable to
petitioner, Marla Kramer. 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 1:17-vv-00283-UNJ Document 39 Filed 03/16/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARLA KRAMER,
)
)
Petitioner,
) No. 17-283V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 27, 2017, 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 on the evidence of record, respondent proffers that
petitioner should be awarded $97,108.38. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $97,108.38, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 lost earnings
and future pain and suffering.

Case 1:17-vv-00283-UNJ Document 39 Filed 03/16/18 Page 4 of 4
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/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
DATED: December 15, 2017