VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00663
Package ID: USCOURTS-cofc-1_18-vv-00663
Petitioner: Kristina Link
Filed: 2018-05-10
Decided: 2019-04-10
Vaccine: influenza
Vaccination date: 2016-09-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 69197.97

AI-assisted case summary:
Kristina Link filed her petition on May 10, 2018, alleging that an influenza vaccination administered on September 19, 2016 caused a shoulder injury related to vaccine administration. The claim proceeded before Special Master Nora Beth Dorsey, and Link was represented by Shealene Priscilla Mancuso of Muller Brazil.

Respondent conceded entitlement. The concession accepted that Link met the Table SIRVA criteria, that her case was timely filed, and that her shoulder injury persisted for more than six months. On March 15, 2019, Special Master Dorsey found Link entitled to compensation.

The public damages decision does not give a full clinical chronology. It does not describe Link's first shoulder symptom, the precise onset interval, physical examination findings, imaging, injections, physical therapy, medication use, work limitations, or daily-life consequences. The available record therefore tells the story through the legal findings and the damages proffer: Link connected a shoulder injury to the September 2016 flu vaccination, respondent accepted the Table SIRVA criteria, and the parties resolved compensation without a disputed expert decision.

On April 10, 2019, Special Master Dorsey adopted the parties' proffer and awarded Link $69,197.97. The award consisted of $65,000.00 for pain and suffering and $4,197.97 for past out-of-pocket medical expenses. The full amount was payable as a lump sum to Link.

Theory of causation field:
Influenza vaccine on September 19, 2016 causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded Table SIRVA criteria, timeliness, and residual effects lasting more than six months. Public damages decision provides no onset details, exam findings, imaging, injections, therapy, experts, or biological mechanism beyond the conceded Table SIRVA. Entitlement decision: Special Master Nora Beth Dorsey, March 15, 2019. Damages decision: April 10, 2019. Award $69,197.97 lump sum ($65,000.00 pain and suffering + $4,197.97 past out-of-pocket medical expenses). Petition filed May 10, 2018. Attorney: Shealene Priscilla Mancuso, Muller Brazil.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00663-0
Date issued/filed: 2019-05-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/15/2019) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00663-UNJ Document 30 Filed 05/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-663V
Filed: March 15, 2019
UNPUBLISHED
KRISTINA LINK,
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.
Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ashley Monique Simpson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 10, 2018, 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 related to vaccine
administration (“SIRVA”) following receipt of her September 19, 2016 influenza (“flu”)
vaccination. 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 1:18-vv-00663-UNJ Document 30 Filed 05/29/19 Page 2 of 2
On March 14, 2019, 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 reviewed the facts of this case and concluded that
petitioner’s claim meets the Table criteria for SIRVA Id. at 4. Respondent further
agrees that the case was timely filed, that petitioner suffered residual effects of her
injury for more than six months, and that entitlement to compensation is appropriate
under the terms of the Vaccine Act. Id. at 5.
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_18-vv-00663-1
Date issued/filed: 2019-06-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/10/2019) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00663-UNJ Document 32 Filed 06/19/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-663V
Filed: April 10, 2019
UNPUBLISHED
KRISTINA LINK,
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.
Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ashley Monique Simpson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 10, 2018, 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 related to vaccine
administration (“SIRVA”) following receipt of her September 19, 2016 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 15, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On April 10, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $69,197.97,
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 1:18-vv-00663-UNJ Document 32 Filed 06/19/19 Page 2 of 4
representing $65,000.00 in compensation for pain and suffering and $4,197.97 in
compensation for past out of pocket medical expenses. 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 $69,197.97, representing $65,000.00 in
compensation for pain and suffering and $4,197.97 in compensation for past out
of pocket medical expenses in the form of a check payable to petitioner, Kristina
Link. 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 1:18-vv-00663-UNJ Document 32 Filed 06/19/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KRISTINA LINK,
Petitioner,
No. 18-663V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On March 14, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Thereafter, on March 15, 2019, Chief Special
Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based
upon the evidence of record, respondent proffers that petitioner should be awarded $69,197.97.
The award is comprised of the following: $65,000.00 for pain and suffering; and $4,197.97 for
past out of pocket medical expenses. This amount represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $69,197.97, in the form of a check payable to petitioner. Petitioner
agrees.

Case 1:18-vv-00663-UNJ Document 32 Filed 06/19/19 Page 4 of 4
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/ ASHLEY SIMPSON
Ashley Simpson
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) 305-0253
Email: Ashley.M.Simpson@usdoj.gov
Dated: April 10, 2019