VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00789
Package ID: USCOURTS-cofc-1_17-vv-00789
Petitioner: Jason Kahn
Filed: 2017-06-13
Decided: 2018-12-19
Vaccine: influenza
Vaccination date: 2016-11-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 69440

AI-assisted case summary:
Jason Kahn filed a petition for compensation under the National Vaccine Injury Compensation Program on June 13, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 5, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 27, 2018, conceding that Mr. Kahn was entitled to compensation. The respondent agreed that Mr. Kahn's injury met the criteria for SIRVA as set forth in the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 1, 2018, finding Mr. Kahn entitled to compensation. Subsequently, on November 9, 2018, the respondent filed a proffer on the award of compensation. The parties stipulated to an award of $69,440.59. This amount comprised $67,500.00 for pain and suffering and $1,940.59 for past unreimbursable expenses. Chief Special Master Dorsey issued a decision awarding damages on December 19, 2018, in the stipulated amount. The award was to be paid as a lump sum check to Jason Kahn. Petitioner counsel was John Caldwell and Franklin John Caldwell, Jr. of Maglio Christopher & Toale, PA. Respondent counsel was Claudia Barnes Gangi and Sarah Christina Duncan of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jason Kahn alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 5, 2016. The respondent conceded entitlement, agreeing that the injury met the criteria for SIRVA as set forth in the Vaccine Injury Table. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. A ruling on entitlement was issued on March 1, 2018, by Chief Special Master Nora Beth Dorsey. On November 9, 2018, the parties stipulated to an award of $69,440.59, consisting of $67,500.00 for pain and suffering and $1,940.59 for past unreimbursable expenses. Chief Special Master Dorsey issued the final decision awarding damages on December 19, 2018. Petitioner counsel was John Caldwell and Franklin John Caldwell, Jr.; respondent counsel was Claudia Barnes Gangi and Sarah Christina Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00789-0
Date issued/filed: 2018-06-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/1/2018) regarding 31 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00789-UNJ Document 38 Filed 06/07/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-789V
Filed: March 1, 2018
UNPUBLISHED
JASON KAHN,
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.
John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 13, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) following a November 5, 2016 influenza (“flu”) vaccination.
Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On February 27, 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 has concluded that petitioner has satisfied the
criteria for a SIRVA set forth in the recently revised Vaccine Injury Table and the
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-00789-UNJ Document 38 Filed 06/07/18 Page 2 of 2
Qualification sand Aids to Interpretation Id. at 4. Respondent further agrees that
entitlement to compensation is appropriate under the terms of 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-00789-1
Date issued/filed: 2018-12-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/09/2018) regarding 54 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00789-UNJ Document 58 Filed 12/19/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-789V
Filed: November 9, 2018
UNPUBLISHED
JASON KAHN,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Franklin John Caldwell, Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 13, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
November 5, 2016. Petition at 1-3. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 1, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On November 9, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $69,440.59
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-00789-UNJ Document 58 Filed 12/19/18 Page 2 of 5
comprised of $67,500.00 for pain and suffering, and $1,940.59 for past unreimbursable
expenses. Proffer at 1-2. 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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $69,440.59 in the form of a check payable to
petitioner, Jason Kahn. 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-00789-UNJ Document 58 Filed 12/19/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JASON KAHN, )
)
Petitioner, )
) No. 17-789V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 13, 2017, Jason Kahn (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or
“Act”), alleging that he suffered a shoulder injury related to vaccine administration (“SIRVA”)
as a result of an influenza (“flu”) vaccination administered on November 5, 2016. Petition at 1-
3. On February 27, 2018, the Secretary of Health and Human Services (“respondent”) filed a
Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the
Act, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation on March 1, 2018. ECF No. 29; ECF No. 31.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Jason Kahn should be awarded $67,500.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.

Case 1:17-vv-00789-UNJ Document 58 Filed 12/19/18 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Jason Kahn’s expenditure of past
unreimbursable expenses related to his vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $1,940.59, as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Jason Kahn should be made through
a lump sum payment as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following1: a lump sum payment of $69,440.59,
representing compensation for pain and suffering ($67,500.00), and past unreimbursable
expenses ($1,940.59), in the form of a check payable to petitioner, Jason Kahn.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jason Kahn: $69,440.59
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy 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 lost earnings
and future pain and suffering.
2

Case 1:17-vv-00789-UNJ Document 58 Filed 12/19/18 Page 5 of 5
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
Sarah C. Duncan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Fax: (202) 616-4310
DATED: November 9, 2018
3