VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00709
Package ID: USCOURTS-cofc-1_18-vv-00709
Petitioner: Judith Bohnenkamp
Filed: 2018-05-18
Decided: 2019-09-11
Vaccine: influenza
Vaccination date: 2015-11-23
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 117698

AI-assisted case summary:
Judith Bohnenkamp filed a petition for compensation under the National Vaccine Injury Compensation Program on May 18, 2018. She alleged that an influenza vaccine administered on November 23, 2015, caused her to suffer a left shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 13, 2019, conceding that Ms. Bohnenkamp was entitled to compensation. The respondent specifically stated that medical personnel concluded Ms. Bohnenkamp suffered a Table injury of SIRVA and that compensation was appropriate as she had satisfied all legal prerequisites for compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on March 14, 2019, finding Ms. Bohnenkamp entitled to compensation. Subsequently, on June 27, 2019, the respondent filed a proffer on the award of compensation. The proffer indicated that Ms. Bohnenkamp should be awarded $117,698.61, consisting of $115,000.00 for pain and suffering and $2,698.61 for past unreimbursed expenses. The proffer stated that Ms. Bohnenkamp agreed with this award. Chief Special Master Dorsey issued a Decision Awarding Damages on September 11, 2019, awarding Ms. Bohnenkamp a lump sum payment of $117,698.61, payable by check to Judith Bohnenkamp. This amount was stated to represent compensation for all damages available under 42 U.S.C. § 300aa-15(a). The attorneys for the petitioner were Brenton Aaron Elswick of Maglio Christopher & Toale, PA, and the attorney for the respondent was Ann Mayhew Golski of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by Ms. Bohnenkamp.

Theory of causation field:
Petitioner Judith Bohnenkamp alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 23, 2015. The respondent conceded entitlement to compensation, agreeing that petitioner suffered a Table injury of SIRVA. The public text does not detail specific medical experts, clinical findings, or the mechanism of injury. The case proceeded to a damages decision based on a proffer agreed to by both parties. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on March 14, 2019, and a Decision Awarding Damages on September 11, 2019. The award totaled $117,698.61, comprising $115,000.00 for pain and suffering and $2,698.61 for past unreimbursed expenses. Petitioner's counsel was Brenton Aaron Elswick, and respondent's counsel was Ann Mayhew Golski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00709-0
Date issued/filed: 2019-05-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/14/2019) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00709-UNJ Document 22 Filed 05/15/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0709V
Filed: March 14, 2019
UNPUBLISHED
JUDITH BOHNENKAMP,
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.
Brenton Aaron Elswick, Maglio Christopher & Toale, Seattle, WA, for petitioner.
Ann Mayhew Golski, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 18, 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 as a result of an influenza (“flu”) vaccine administered on
November 23, 2015, she suffered a left 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.
On March 13, 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 states that medical personnel at the Division of Injury
Compensation Programs, Department of Health and Human Services (“DICP”) have
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 1:18-vv-00709-UNJ Document 22 Filed 05/15/19 Page 2 of 2
concluded that petitioner suffered a Table injury of SIRVA. Id. at 5. Respondent further
agrees that “based on the record as it now stands, compensation is appropriate, as
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_18-vv-00709-1
Date issued/filed: 2019-09-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/28/2019) regarding 28 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00709-UNJ Document 38 Filed 09/11/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0709V
Filed: June 28, 2019
UNPUBLISHED
JUDITH BOHNENKAMP,
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.
Brenton Aaron Elswick, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Ann Mayhew Golski, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 18, 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 as the result of an influenza (“flu”) vaccine administered on
November 23, 2015, she suffered a left 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.
On March 14, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On June 27, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $117,698.61
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-00709-UNJ Document 38 Filed 09/11/19 Page 2 of 4
(consisting of $115,000.00 for pain and suffering and $2,698.61 for past unreimbursed
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 $117,698.61 (consisting of $115,000.00 for pain
and suffering and $2,698.61 for past unreimbursed expenses) in the form of a
check payable to petitioner, Judith Bohnenkamp. 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-00709-UNJ Document 38 Filed 09/11/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
JUDITH BOHNENKAMP, )
)
Petitioner, )
) No. 18-709V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On March 13, 2019, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter. On March 14, 2019, the
Court entered its Ruling on Entitlement, finding petitioner Judith Bohnenkamp entitled to
Vaccine Act compensation. Respondent now proffers that petitioner receive a compensation
award consisting of a lump sum of $117,698.61 in the form of a check payable to petitioner,
Judith Bohnenkamp.1 This amount consists of $115,000.00 for pain and suffering and $2,698.61
for past unreimbursed expenses, and represents compensation for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.2
Petitioner agrees with the proffered award of $117,698.61.3
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:18-vv-00709-UNJ Document 38 Filed 09/11/19 Page 4 of 4
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: June 27, 2019
2