{"package_id":"USCOURTS-cofc-1_17-vv-00418","decision_granule_id":"USCOURTS-cofc-1_17-vv-00418-1","petitioner_identifier":"Heewon Kim","is_minor":0,"age_at_vaccination":38.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2015-10-14","condition_raw":"left shoulder injuries related to administration","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"compensated","award_amount_usd":75520,"decision_date":"2018-08-06","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:48:59.679763+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":1,"theory_of_causation":"Petitioner Heewon Kim, age 38, received an influenza vaccine on October 14, 2015. She alleged left shoulder injuries related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing the condition was a Table injury consistent with SIRVA, with onset of pain within 48 hours, localized to the injection site, and residual effects lasting over six months. The case proceeded to damages. Petitioner sought $95,000 for pain and suffering, citing prior cases. Respondent argued for $55,000, emphasizing a mild, short-duration injury. Chief Special Master Nora Beth Dorsey awarded $75,000 for pain and suffering and $520 for unreimbursable medical expenses, totaling $75,520, on August 6, 2018. The Special Master found the injury relatively mild, with a recovery period of approximately seven months, and that claims of ongoing pain were not well-substantiated. The award considered the difficulty caring for an infant. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP), and respondent by Colleen Clemons Hartley (U.S. Department of Justice). The public decision does not detail the specific mechanism of injury or name experts.","is_death":0,"date_of_death":null,"petition_filed_date":"2017-11-27","case_summary":"Heewon Kim, a 38-year-old stay-at-home parent, filed a petition for compensation under the National Vaccine Injury Compensation Program on March 24, 2017. She alleged that she suffered left shoulder injuries related to the administration of her influenza vaccine on October 14, 2015. The respondent filed a Rule 4(c) report on November 21, 2017, conceding that Ms. Kim was entitled to compensation. The respondent agreed that her condition was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) as defined on the Vaccine Injury Table, noting that she had no recent history of left shoulder pain or dysfunction, that pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation. A ruling on entitlement was issued on November 27, 2017, by Chief Special Master Nora Beth Dorsey, finding Ms. Kim entitled to compensation. The case then proceeded to a damages decision. The parties engaged in negotiations from November 2017 to January 2018, after which Ms. Kim requested a damages decision on the written record. The parties agreed that Ms. Kim was entitled to $520.00 for past unreimbursable expenses. Ms. Kim did not seek compensation for projected expenses or past or future lost wages. She also confirmed there was no Medicaid lien. Ms. Kim filed a brief arguing for $95,000.00 for pain and suffering, citing prior SIRVA cases. The respondent contended that $55,000.00 was more appropriate, arguing her injury was mild, of limited duration, and without longstanding sequela, noting significant gaps in treatment and that she discontinued occupational therapy. In her decision dated August 6, 2018, Chief Special Master Nora Beth Dorsey awarded Ms. Kim $75,000.00 for pain and suffering and $520.00 for unreimbursable medical expenses, totaling $75,520.00. The Special Master noted that while Ms. Kim reported significant pain and difficulty caring for her infant son, her medical records indicated a relatively mild injury with a recovery period of approximately seven months. The Special Master found that Ms. Kim's medical records suggested a period of significant pain lasting no more than seven months, and that her claims of ongoing pain and limited range of motion were not adequately substantiated by the record. The award considered the nature of the SIRVA, the course of treatment, and the difficulty in caring for an infant. The Special Master found Ms. Kim's reliance on prior cases unpersuasive due to vague comparisons and insufficient detail regarding the other petitioners' pain and suffering. The Special Master also found the case distinguishable from the cited Desrosiers case, noting Ms. Kim's inconsistent treatment seeking and less severe circumstances compared to Ms. Desrosiers, who was also pregnant during her injury period. The public decision does not describe the specific mechanism of injury or name any medical experts. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Nora Beth Dorsey","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Amy A. Senerth","petitioner_attorney_firm":"Muller Brazil, LLP","petitioner_attorney_location":"Dresher, PA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|amy-senerth|","firm_canonical_key":"muller-brazil","package_title":"KIM v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00418","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00418.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00418.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_17-vv-00418-0","title":"KIM v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 11/27/2017) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. 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SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 07/20/2018) regarding 35 DECISION of Special Master ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.","date_issued":"2018-08-06","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_17-vv-00418/granules/USCOURTS-cofc-1_17-vv-00418-1/pdf","pdf_bytes":173031,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_17-vv-00418/USCOURTS-cofc-1_17-vv-00418-1"},{"granule_id":"USCOURTS-cofc-1_17-vv-00418-2","title":"KIM v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 10/05/2018) regarding 43 DECISION of Special Master - Fees (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.","date_issued":"2018-12-06","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}