VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01976
Package ID: USCOURTS-cofc-1_17-vv-01976
Petitioner: Katherine Duke
Filed: 2017-12-19
Decided: 2019-08-07
Vaccine: influenza
Vaccination date: 2015-10-30
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 94128

AI-assisted case summary:
Katherine Duke filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her October 30, 2015 influenza vaccination caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, agreeing that her injury was consistent with SIRVA as defined on the Vaccine Injury Table. The respondent noted that Ms. Duke had no prior history of shoulder pain, that pain occurred within 48 hours after the vaccination, was limited to the shoulder of administration, and no other condition explained the pain. Furthermore, she suffered residual effects for more than six months. A ruling on entitlement was issued on December 20, 2018, finding her entitled to compensation. Subsequently, on April 29, 2019, the respondent filed a proffer on award of compensation, proposing $94,128.62. This amount included $90,000.00 for pain and suffering, $1,129.01 for past lost wages, and $2,999.61 for unreimbursed out-of-pocket medical expenses. The petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding damages on August 7, 2019, in the total amount of $94,128.62, payable to Katherine Duke, who was noted to be a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01976-0
Date issued/filed: 2019-02-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/20/2018) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01976-UNJ Document 30 Filed 02/06/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1976V
Filed: December 20, 2018
UNPUBLISHED
KATHERINE DUKE,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 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 that her October 30, 2015 influenza (“flu”)
vaccination caused her to suffer a Shoulder Injury Related to Vaccine Administration
(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
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-01976-UNJ Document 30 Filed 02/06/19 Page 2 of 2
On December 17, 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
DICP [Division of Injury Compensation Programs, Department of Health
and Human Services] believes that petitioner’s alleged injury is consistent
with a shoulder injury related to vaccine administration (“SIRVA”), as
defined on the Vaccine Injury Table. Specifically, petitioner had no history
of pain, inflammation, or dysfunction of her right shoulder; medical records
document that pain occurred within 48 hours after receipt of an
intramuscular vaccination; pain was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality has been
identified to explain petitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a); 42
C.F.R. 100.3(c)(10). 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-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(I).
Id. at 4 (footnote omitted).
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-01976-1
Date issued/filed: 2019-08-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/30/2019) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01976-UNJ Document 42 Filed 08/07/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1976V
Filed: April 30, 2019
UNPUBLISHED
KATHERINE DUKE,
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.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 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 Shoulder Injury Related to Vaccine
Administration (SIRVA) as a result of her October 30, 2015 influenza (“flu”) vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 20, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On April 29, 2019, respondent filed a proffer on
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-01976-UNJ Document 42 Filed 08/07/19 Page 2 of 4
award of compensation (“Proffer”) indicating petitioner should be awarded $94,128.62,
which is comprised of damages for pain and suffering in the amount of $90,000.00,
damages for past lost wages in the amount of $1,129.01, and damages for
unreimbursed out-of-pocket medical expenses in the amount of $2,999.61. 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 $94,128.62 (which is comprised of damages for
pain and suffering in the amount of $90,000.00, damages for past lost wages in
the amount of $1,129.01, and damages for unreimbursed out-of-pocket medical
expenses in the amount of $2,999.61) in the form of a check payable to petitioner,
Katherine Duke. 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-01976-UNJ Document 42 Filed 08/07/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHERINE DUKE,
Petitioner, No. 17-1976V
Chief Special Master Dorsey
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On December 17, 2018, respondent concededed that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Thereafter, on December 20, 2018, Chief
Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to
vaccine compensation for his Shoulder Injury Related to Vaccine Administration (“SIRVA”).
Based on the evidence of record, respondent proffers that petitioner should be awarded
$94,128.62, which is comprised of damages for pain and suffering in the amount of $90,000.00,
damages for past lost wages in the amount of $1,129.01, and damages for unreimbursed out-of-
pocket medical expenses in the amount of $2,999.61. This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner
agrees.
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.

Case 1:17-vv-01976-UNJ Document 42 Filed 08/07/19 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $94,128.62, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
DATED: April 29, 2019