VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00940
Package ID: USCOURTS-cofc-1_18-vv-00940
Petitioner: Kailey Kinslow
Filed: 2018-06-28
Decided: 2019-09-11
Vaccine: influenza
Vaccination date: 2016-11-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 92939

AI-assisted case summary:
On June 28, 2018, petitioner Kailey Kinslow filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on November 18, 2016. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 13, 2019, the respondent filed a Rule 4(c) report conceding that Ms. Kinslow was entitled to compensation. The respondent concluded that Ms. Kinslow suffered a Table SIRVA injury, that no other cause for her condition was identified, and that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 14, 2019, finding petitioner entitled to compensation. Subsequently, on June 17, 2019, a Decision Awarding Damages was filed. The respondent had filed a proffer on the award of compensation, indicating that petitioner should be awarded $92,939.73, an amount to which the petitioner agreed. Chief Special Master Dorsey awarded Ms. Kinslow a lump sum payment of $92,939.73, payable by check to petitioner, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kailey Kinslow alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 18, 2016. The respondent conceded entitlement, agreeing that the injury was a Table SIRVA injury and that no other cause was identified, satisfying the sequela requirement. Chief Special Master Nora Beth Dorsey granted entitlement on June 14, 2019. A subsequent decision on September 11, 2019, awarded petitioner $92,939.73 as a lump sum payment, based on a stipulation between the parties. Petitioner was represented by Jeffrey S. Pop, and respondent by Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00940-0
Date issued/filed: 2019-08-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/14/2019) regarding 31 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00940-UNJ Document 43 Filed 08/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-940V
Filed: June 14, 2019
UNPUBLISHED
KAILEY KINSLOW,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 28, 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”) as a result of the adverse effects of the influenza (“flu”) vaccine
administered on November 18, 2016. 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-00940-UNJ Document 43 Filed 08/29/19 Page 2 of 2
On June 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 concludes that petitioner suffered a Table SIRVA injury.
Id. at 6. Respondent further agrees that no other cause for petitioner’s SIRVA was
identified and the statutory six-month sequela requirement has been satisfied. 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-00940-1
Date issued/filed: 2019-09-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/17/2019) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00940-UNJ Document 44 Filed 09/11/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-940V
Filed: June 17, 2019
UNPUBLISHED
KAILEY KINSLOW,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 28, 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”) as a result of the influenza (“flu”) vaccine administered on
November 18, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 14, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her SIRVA. On June 14, 2019, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $92,939.73. 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 1:18-vv-00940-UNJ Document 44 Filed 09/11/19 Page 2 of 4
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 $92,939.73 in the form of a check payable to
petitioner, Kailey Kinslow. 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-00940-UNJ Document 44 Filed 09/11/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KAILEY KINSLOW, )
)
Petitioner, )
)
v. ) No. 18-0940V
) Chief Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 13, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on June 14, 2019, the Chief Special
Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $92,939.73. 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $92,939.73 in the form of a check payable to petitioner.1 This
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 medical
expenses, future pain and suffering, and future lost wages.

Case 1:18-vv-00940-UNJ Document 44 Filed 09/11/19 Page 4 of 4
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). 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
GABRIELLE FIELDING
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Senior 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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: June 14, 2019
2