VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00989
Package ID: USCOURTS-cofc-1_18-vv-00989
Petitioner: Renee Knepp
Filed: 2018-07-10
Decided: 2019-10-22
Vaccine: influenza
Vaccination date: 2015-10-11
Condition: left shoulder pain since October 11, 2015
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Renee Knepp filed a petition for compensation under the National Vaccine Injury Compensation Program on July 10, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner's claim met the Table criteria for SIRVA and that she satisfied all statutory requirements for entitlement. The public decision does not describe the petitioner's counsel or respondent's counsel by name in this section. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on July 26, 2019, finding Ms. Knepp entitled to compensation. Subsequently, on October 22, 2019, a decision awarding damages was issued. The respondent proffered an award of $90,000.00, which petitioner accepted. This amount was awarded for all damages available under the Vaccine Act. The petitioner was 41 years old at the time of vaccination. The injury involved left shoulder pain that began on October 11, 2015, the same day as the vaccination. Medical records indicate she saw an orthopedist on November 30, 2015, for this pain, referencing the flu vaccination. She was prescribed a Medrol Dosepak and received a steroid injection. She underwent twelve physical therapy sessions from December 8, 2015, through March 15, 2016. On October 19, 2016, she received a flu vaccination in her left hip, after which she experienced a recurrence of left shoulder symptomatology, which she associated with the hip vaccination. She was diagnosed with left shoulder adhesive capsulitis and received a second steroid injection. Following further orthopedic visits, she underwent surgery on May 17, 2017, an arthroscopic capsular release of her left shoulder, followed by approximately fifteen additional physical therapy sessions from May 19, 2017, through July 20, 2017. She reported feeling no longer restricted and able to return to work as of July 25, 2017. The case was processed as a Table injury claim, with the respondent conceding entitlement based on the medical review concluding that the petitioner had no prior history of shoulder pain, the onset of pain occurred within 48 hours of vaccination, the pain was limited to the vaccinated shoulder, and no other condition explained the symptoms. The respondent also confirmed the case was timely filed, the vaccine was received in the United States, and the injury had residual effects for more than six months. The final award was $90,000.00.

Theory of causation field:
Petitioner Renee Knepp, age 41, received an influenza vaccine on October 11, 2015, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that the claim met the Table criteria for SIRVA, presuming vaccine causation. The petitioner experienced left shoulder pain onset on October 11, 2015, which persisted, leading to medical treatment including physical therapy, steroid injections, and surgery. The respondent's Rule 4(c) report confirmed no prior history of shoulder pain, onset within 48 hours of vaccination, pain limited to the vaccinated shoulder, and no other explanatory condition. The case was timely filed, the vaccine was administered in the U.S., and the injury had residual effects for over six months. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 26, 2019, and a decision awarding damages on October 22, 2019. The parties stipulated to an award of $90,000.00 for all damages under 42 U.S.C. § 300aa-15(a), excluding attorneys' fees and costs. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00989-0
Date issued/filed: 2019-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/26/2019) regarding 21 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00989-UNJ Document 31 Filed 10/17/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-989V
Filed: July 26, 2019
UNPUBLISHED
RENEE KNEPP,
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.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 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”) as a result of an influenza (“flu”) vaccine administered on
October 11, 2015. 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-00989-UNJ Document 31 Filed 10/17/19 Page 2 of 2
On July 26, 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 concluded that petitioner’s claim meets the Table criteria for a
SIRVA. Id. at 3. Respondent further agrees that petitioner satisfied all the statutory
requirements for entitlement to compensation. 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
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-00989-1
Date issued/filed: 2019-10-22
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 07/26/2019) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00989-UNJ Document 32 Filed 10/22/19 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-989V
Filed: July 26, 2019
UNPUBLISHED
RENEE KNEPP,
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.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 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”) as a result of an influenza (“flu”) vaccine administered on
October 11, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On July 26, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On July 26, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $90,000.00.
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-00989-UNJ Document 32 Filed 10/22/19 Page 2 of 6
Respondent’s Rule 4(c) Report Recommending Compensation and Proffer of
Compensation at 3. 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 Proffer, the undersigned awards petitioner
a lump sum payment of $90,000.00 in the form of a check payable to petitioner,
Renee Knepp. 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-00989-UNJ Document 32 Filed 10/22/19 Page 3 of 6
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RENEE KNEPP,
Petitioner,
v. No. 18-989V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S RULE 4(c) REPORT RECOMMENDING COMPENSATION
and
PROFFER OF COMPENSATION
On July 10, 2018, Renee Knepp (petitioner) timely filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or
“the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she received an influenza (flu)
vaccination on October 11, 2015, and thereafter suffered from a left-sided shoulder injury related
to vaccine administration (SIRVA). See Petition. In accordance with the Rules of the U.S. Court
of Federal Claims, Appendix B, Vaccine Rule 4(c), the Secretary of Health and Human Services
(respondent) submits the following report in response to the petition. For the reasons set forth
below, respondent recommends that compensation be awarded in the amount of $90,000.00, not
including attorneys’ fees and litigation costs to be determined at a later date.
FACTS
Petitioner’s medical history prior to her alleged injury appears non-contributory to her
current claim. On October 11, 2015, petitioner received a flu vaccination at her place of
employment at forty-one years of age. Exhibit (Ex.) 1 at 1. On November 30, 2015, petitioner

Case 1:18-vv-00989-UNJ Document 32 Filed 10/22/19 Page 4 of 6
saw an orthopedist for left shoulder pain since October 11, 2015. Ex. 2 at 29. Petitioner
referenced her flu vaccination in relation to her pain, although she also noted restraining two
patients as an ER nurse at the same time (presumably meaning on the same work shift). Id. at
17. Petitioner was prescribed a Medrol Dosepak and received a steroid injection. Id. at 17-18.
Petitioner received twelve physical therapy sessions from December 8, 2015, through March 15,
2016. Id. at 54, 56.
On October 19, 2016, petitioner received a flu vaccination in her left hip. Ex. 1 at 2. On
November 8, 2016, petitioner saw her orthopedist for a recurrence of left shoulder
symptomatology that petitioner associated with her October 19, 2016 vaccination in her hip. Ex.
2 at 12. The assessment was left shoulder adhesive capsulitis, and petitioner received a second
steroid injection for her left shoulder pain. Id. at 12-13.
Following interim orthopedics visits, on May 17, 2017, petitioner had surgery,
specifically an arthroscopic capsular release of her left shoulder. Ex. 2 at 36. Petitioner had
approximately fifteen additional physical therapy sessions from May 19, 2017, through July 20,
2017. Id. at 40, 61-88. Petitioner reported for the purpose of a July 25, 2017 therapy discharge
note that “‘I’m not really restricted now and feel like [I] can return to work.’” Id. at 38.
DISCUSSION
Under the Vaccine Act, petitioner may demonstrate eligibility for an award of
compensation by showing that she suffered a vaccine-specific injury listed on the Vaccine Injury
Table within the requisite time period set forth in the Table, in which case causation is presumed.
See 42 C.F.R. § 100.3.
Medical personnel at the Division of Injury Compensation Programs, Department of
Health and Human Services (DICP), have reviewed the facts of this case and concluded that

Case 1:18-vv-00989-UNJ Document 32 Filed 10/22/19 Page 5 of 6
petitioner’s claim meets the Table criteria for SIRVA. Specifically, petitioner had no history of
pain, inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine
administration that would explain the alleged signs, symptoms, examination findings, and/or
diagnostic studies occurring after vaccine injection; she more likely than not suffered the onset of
pain within forty-eight hours of vaccine administration; her pain and reduced range of motion
were limited to the shoulder in which the intramuscular vaccine was administered; and there is
no other condition or abnormality present that would explain petitioner’s symptoms. 42 C.F.R.
§ 100.3(a), (c)(10). Therefore, petitioner is entitled to a presumption of vaccine causation.
With respect to other statutory and jurisdictional issues, the records show that the case
was timely filed, that the vaccine was received in the United States, and that petitioner satisfies
the statutory severity requirement by suffering the residual effects or complications of her injury
for more than six months after vaccine administration. See 42 U.S.C. §§ 300aa-11(c)(1)(D)(i).
Petitioner avers that no civil action or proceedings have been pursued in connection with the
vaccine-related injury. See 42 U.S.C. §§ 300aa-11(a)(5) and -11(c)(1)(E); Ex. 5 at 1 (affidavit).
Thus, in light of the information contained in petitioner’s medical records and affidavit,
respondent concedes that entitlement to compensation is appropriate under the terms of the
Vaccine Act.
PROFFER
Respondent proffers that petitioner be awarded $90,000.00 for all damages available
pursuant to 42 U.S.C. § 300aa-15(a). Petitioner agrees.
CONCLUSION
Respondent recommends that the Court enter a decision finding petitioner entitled to
compensation for left-sided SIRVA sustained as a result of petitioner’s October 11, 2015 flu

Case 1:18-vv-00989-UNJ Document 32 Filed 10/22/19 Page 6 of 6
vaccination and that the court award $90,000.00 for all damages available under Section 15(a) of
the Vaccine Act, which does not include reasonable attorneys’ fees and litigation costs to be
determined at a later date.
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/ RYAN D. PYLES
RYAN D. PYLES
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) 616-9847
DATED: July 26, 2019