VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00982
Package ID: USCOURTS-cofc-1_17-vv-00982
Petitioner: Kent Kemmerer
Filed: 2017-07-21
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 2016-09-22
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 76235

AI-assisted case summary:
Kent Kemmerer filed a petition for compensation under the National Vaccine Injury Compensation Program on July 21, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination he received on September 22, 2016. Mr. Kemmerer further alleged that the residual effects of his injury lasted for more than six months and that no other party had received compensation for his vaccine-caused injury. The respondent denied that the flu vaccine caused petitioner’s alleged left SIRVA or any other injury, and denied that petitioner’s current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, on September 24, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Kent Kemmerer was awarded a lump sum of $76,235.73, payable to him, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Lisa Ann Watts.

Theory of causation field:
Petitioner Kent Kemmerer alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on September 22, 2016. The residual effects of the injury allegedly lasted for more than six months. Respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The award was a lump sum of $76,235.73. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Lisa Ann Watts. The decision date was October 24, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00982-0
Date issued/filed: 2018-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/24/2018) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00982-UNJ Document 30 Filed 10/24/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0982V
Filed: September 24, 2018
UNPUBLISHED
KENT KEMMERER,
Special Processing Unit (SPU); Joint
Petitioner,
Stipulation on Damages; Influenza
v.
(Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
SECRETARY OF HEALTH AND
(SIRVA)
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 21, 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”) caused in fact by the influenza vaccination he received on
September 22, 2016. Petition at 1, ¶¶ 1, 6; Stipulation, filed Sept. 24, 2018, at ¶ 1-2, 4.
Petitioner further alleges that he suffered the residual effects of his injury for more than
six months and that neither he nor any other party has received an award or settlement
for his injury, alleged as vaccine caused. Petition at ¶¶ 6-7; Stipulation at ¶¶ 4-5.
“Respondent denies that the flu vaccine caused petitioner’s alleged left SIRVA, or any
other injury, and further denies that petitioner’s current disabilities are sequelae of a
vaccine-related injury.” Stipulation at ¶ 6.
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-00982-UNJ Document 30 Filed 10/24/18 Page 2 of 7
Nevertheless, on September 24, 2018, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $76,235.73 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, 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

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