VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00821
Package ID: USCOURTS-cofc-1_17-vv-00821
Petitioner: Karen Hopseker
Filed: 2017-06-19
Decided: 2019-09-18
Vaccine: influenza
Vaccination date: 2014-11-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Karen Hopseker filed a petition for compensation under the National Vaccine Injury Compensation Program on June 19, 2017. She alleged that she suffered Parsonage Turner Syndrome, a shoulder injury related to vaccine administration (SIRVA), causally related to an influenza vaccination she received on November 5, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hopseker was entitled to compensation, agreeing that she suffered SIRVA as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation. On December 21, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Hopseker entitled to compensation. Subsequently, on June 18, 2019, the parties filed a proffer on the award of compensation. The respondent proffered that Ms. Hopseker should be awarded $80,000.00 for actual pain and suffering, and Ms. Hopseker agreed with this amount. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Chief Special Master Dorsey awarded Karen Hopseker a lump sum payment of $80,000.00 for her actual pain and suffering, payable by check to Ms. Hopseker. Petitioner's counsel was Franklin John Caldwell, Jr. and Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA. Respondent's counsel was Robert Paul Coleman, III of the U.S. Department of Justice.

Theory of causation field:
Petitioner Karen Hopseker alleged that she suffered Parsonage Turner Syndrome, a shoulder injury related to vaccine administration (SIRVA), causally related to an influenza vaccination received on November 5, 2014. The respondent conceded that petitioner suffered SIRVA as defined by the Vaccine Injury Table. The public text does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. The case proceeded based on the respondent's concession and the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 21, 2018, finding petitioner entitled to compensation. On June 18, 2019, a proffer on award of compensation was filed, agreeing to an award of $80,000.00 for actual pain and suffering. The award was made as a lump sum payment to the petitioner. Petitioner was represented by Franklin John Caldwell, Jr. and Isaiah Richard Kalinowski, and respondent was represented by Robert Paul Coleman, III.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00821-0
Date issued/filed: 2019-02-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/21/2018) regarding 42 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00821-UNJ Document 45 Filed 02/06/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0821V
Filed: December 21, 2018
UNPUBLISHED
KAREN HOPSEKER,
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.
Franklin John Caldwell, Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 19, 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 Parsonage Turner Syndrome causally related
to an adverse reaction to the influenza vaccination she received on November 5, 2014.
Petition at ¶¶ 1, 5. Petitioner further alleges that she received the vaccination in the
United States, suffered the residual effects of her injury for more than six months, and
that neither she nor any other party has filed a civil action or received compensation for
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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 ruling 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-00821-UNJ Document 45 Filed 02/06/19 Page 2 of 2
her injury, alleged as vaccine caused. Id. at ¶¶ 1, 6, 8-9. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 21, 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 suffered SIRVA
as defined by the Vaccine Injury Table.” Id. at 5. 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-00821-1
Date issued/filed: 2019-09-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/18/2019) regarding 50 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00821-UNJ Document 60 Filed 09/18/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0821V
Filed: June 18, 2019
UNPUBLISHED
KAREN HOPSEKER,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
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.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 19, 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, specifically Parsonage
Turner Syndrome, causally related to an adverse reaction to the influenza vaccination
she received on November 5, 2014. Petition at ¶¶ 1, 5. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 21, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for shoulder injury related to vaccine administration (“SIRVA”).
On June 18, 2019, respondent filed a proffer on award of compensation (“Proffer”)
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-00821-UNJ Document 60 Filed 09/18/19 Page 2 of 5
indicating petitioner should be awarded $80,000.00, representing compensation for her
actual pain and suffering. Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the proffered award. Id. 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 $80,000.00, representing compensation for her
actual pain and suffering in the form of a check payable to petitioner, Karen
Hopseker. 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-00821-UNJ Document 60 Filed 09/18/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
KAREN HOPSEKER, )
)
Petitioner, )
) No. 17-821V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On June 19, 2017, Karen Hopseker (“petitioner”) filed a Petition (“Petition”) for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.
§§ 300aa-1 to -34 (“Vaccine Act”). Petitioner alleges that she suffered from a shoulder injury
related to vaccine administration (“SIRVA”) as a result of receiving an influenza vaccination in
her left shoulder on November 5, 2014. Petition at 1.
On December 21, 2018, respondent filed a Vaccine Rule 4(c) Report concluding that
petitioner suffered a SIRVA as defined by the Vaccine Injury Table, and on December 21, 2018,
the Court found petitioner entitled to compensation.
II. Items of Compensation
The parties agree that based upon the evidence of record, petitioner is entitled to
compensation for actual pain and suffering. Therefore, respondent proffers that petitioner should
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to discuss after
the Damages Decision is issued.

Case 1:17-vv-00821-UNJ Document 60 Filed 09/18/19 Page 4 of 5
be awarded actual pain and suffering damages as provided under the Vaccine Act, 42 U.S.C. §
300aa-15(a)(4). Respondent proffers that the appropriate award for petitioner’s actual pain and
suffering is $80,000.00. Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner 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 following:2
A lump sum payment of $80,000.00, representing compensation for actual pain and
suffering, in the form of a check payable to petitioner. Petitioner agrees.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
2 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 lost earnings, and future pain and suffering.
2

Case 1:17-vv-00821-UNJ Document 60 Filed 09/18/19 Page 5 of 5
s/ Robert P. Coleman III
ROBERT P. COLEMAN III
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) 305-0274
Email: Robert.P.Coleman@usdoj.gov
DATED: June 18, 2019
3