VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00533
Package ID: USCOURTS-cofc-1_17-vv-00533
Petitioner: Kay Pate
Filed: 2018-01-05
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2015-11-20
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 78083

AI-assisted case summary:
Kay Pate filed a petition for compensation under the National Vaccine Injury Compensation Program on April 14, 2017, alleging that an influenza vaccination she received on November 20, 2015, caused her to suffer a shoulder injury. The case was assigned to the Special Processing Unit. On January 4, 2018, the respondent filed a Rule 4(c) report conceding that Ms. Pate was entitled to compensation. The respondent stated that Ms. Pate's medical course was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) as defined on the Vaccine Injury Table. Specifically, the respondent noted that Ms. Pate had no recent history of left shoulder pain, inflammation, or dysfunction; that pain occurred within 48 hours after the intramuscular vaccination; that the pain was limited to the shoulder where the vaccine was administered; and that no other condition or abnormality, such as brachial neuritis, was identified to explain the shoulder pain. The respondent also confirmed that the residual effects of her condition lasted more than six months, satisfying all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 5, 2018, finding Ms. Pate entitled to compensation. Subsequently, on August 14, 2018, the respondent filed a proffer on the award of compensation, proposing a total award of $78,083.78. Ms. Pate agreed with this proffered award. On October 23, 2018, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Ms. Pate a total of $78,083.78. This amount comprised $77,500.00 for past and future pain and suffering and $583.78 for unreimbursable expenses. The award was to be paid as a lump sum check payable to Kay Pate. Petitioner's counsel was Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA. Respondent's counsel was Daniel Anthony Principato 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:
Petitioner Kay Pate alleged that her November 20, 2015 influenza vaccination caused Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, agreeing that petitioner's medical course was consistent with SIRVA as defined on the Vaccine Injury Table. The concession noted that pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain, with residual effects lasting over six months. The respondent's Rule 4(c) report and subsequent proffer confirmed these elements. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 5, 2018, finding petitioner entitled to compensation. A stipulated award of $78,083.78 was issued on October 23, 2018, consisting of $77,500.00 for past and future pain and suffering and $583.78 for unreimbursable expenses. Petitioner was represented by Isaiah Richard Kalinowski, and respondent by Daniel Anthony Principato. The public text 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-00533-0
Date issued/filed: 2018-04-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/5/2018) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00533-UNJ Document 29 Filed 04/25/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-533V
Filed: January 5, 2018
UNPUBLISHED
KAY PATE,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 14, 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 her November 20, 2015 influenza (“flu”) vaccination
caused her to suffer a shoulder injury. See Petition at 1-3. 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. 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-00533-UNJ Document 29 Filed 04/25/18 Page 2 of 2
On January 4, 2018, 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 indicates that
[r]espondent believes that petitioner’s medical course is consistent with
SIRVA [Shoulder Injury Related to Vaccine Administration] as defined on
the Vaccine Injury Table. Specifically, petitioner had no recent history of
pain, inflammation, or dysfunction of her left shoulder, pain occurred within
48 hours after receipt of an intramuscular vaccination, pain was limited to
the shoulder where the vaccine was administered, and no other condition
or abnormality, such as brachial neuritis, has been identified to explain
petitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10) (2017).
Additionally, based on the medical records outlined above, petitioner
suffered the residual effects of her condition for more than six months.
Therefore, based on the record as it now stands, petitioner has satisfied
all legal prerequisites for compensation under the Act. See 42 U.S.C. §§
300aa-11(c)(1)(D)(I), 300aa-13(a)(1)(B).
Id. at 3.
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-00533-1
Date issued/filed: 2018-10-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/15/2018) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00533-UNJ Document 44 Filed 10/23/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0533V
Filed: August 15, 2018
UNPUBLISHED
KAY PATE,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 14, 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 her November 20, 2015 influenza (“flu”) vaccination
caused her to suffer a shoulder injury. See Petition at 1-3. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On January 5, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her shoulder injury. On August 14, 2018, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$78,083.78 (comprised of $77,500.00 in past and future pain and suffering and $583.78
in unreimbursable expenses). Proffer at 1. In the Proffer, respondent represented that
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-00533-UNJ Document 44 Filed 10/23/18 Page 2 of 5
petitioner agrees with the proffered award. On August 14, 2018, petitioner filed a notice
confirming that she accepts the proffer filed by respondent. 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 $78,083.78 (comprised of $77,500.00 in past
and future pain and suffering and $583.78 in unreimbursable expenses) in the
form of a check payable to petitioner, Kay Pate. 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-00533-UNJ Document 44 Filed 10/23/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KAY PATE, )
)
Petitioner, ) No. 17-533V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On January 4, 2018, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine
Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34. Accordingly, on January
5, 2018, the Chief Special Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should
be awarded $78,083.78 (comprised of $77,500.00 in past and future pain and suffering
and $583.78 in unreimbursable expenses). This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.

Case 1:17-vv-00533-UNJ Document 44 Filed 10/23/18 Page 4 of 5
II. Items of Compensation and Form of the Award
The parties recommend that the compensation provided to petitioner should be
made through a lump sum payment described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following: 1
A. Petitioner’s Damages
A lump sum payment of $78,083.78 in the form of a check payable to petitioner,
Kay Pate.
B. Guardianship
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
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 pain and suffering, and future lost wages.
2

Case 1:17-vv-00533-UNJ Document 44 Filed 10/23/18 Page 5 of 5
/s/ Daniel A. Principato
DANIEL A. PRINCIPATO
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) 616-3662
Fax: (202) 353-2988
Dated: August 14, 2018
3