VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01639
Package ID: USCOURTS-cofc-1_18-vv-01639
Petitioner: Kathleen Mitzner
Filed: 2018-10-24
Decided: 2020-05-12
Vaccine: Tdap
Vaccination date: 2016-12-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 71340

AI-assisted case summary:
Kathleen Mitzner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on December 6, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Ms. Mitzner was entitled to compensation, agreeing that her condition met the criteria for a SIRVA as listed on the Vaccine Injury Table. Following the ruling on entitlement, the parties submitted a proffer on damages. The respondent recommended an award of $71,340.22, which included $70,000.00 for pain and suffering and $1,340.22 for past unreimbursable expenses. Ms. Mitzner agreed with this proffered award. The court accepted the proffer and awarded Ms. Mitzner the lump sum of $71,340.22, payable by check to her, as compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01639-0
Date issued/filed: 2020-01-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/06/2019) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01639-UNJ Document 24 Filed 01/07/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1639V
UNPUBLISHED
KATHLEEN MITZNER, Chief Special Master Corcoran
Petitioner, Filed: December 6, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA)
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 24, 2018, Kathleen Mitzner 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 received a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine on December 6, 2016, and that she subsequently suffered 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.
On December 4, 2019, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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-01639-UNJ Document 24 Filed 01/07/20 Page 2 of 2
4(c) Report at 1. Specifically, Respondent concluded that petitioner satisfied the criteria
set forth in the Vaccine Injury Table for a SIRVA. Id. at 4. Respondent further agrees
that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine
Act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01639-1
Date issued/filed: 2020-05-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/08/2020) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01639-UNJ Document 32 Filed 05/12/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1639V
UNPUBLISHED
KATHLEEN MITZNER, Chief Special Master Corcoran
Petitioner, Filed: April 8, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 24, 2018, Kathleen Mitzner 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 following receipt of a tetanus-diphtheria-acellular pertussis vaccine on
December 6, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On December 6, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On April 7, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $71,340.22
(comprised of $70,000.00 for actual and projected pain and suffering and $1,340.22 for
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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-01639-UNJ Document 32 Filed 05/12/20 Page 2 of 4
past unreimbursable expenses). Proffer at 1. In the Proffer, Respondent represented
that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I
find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $71,340.22 (comprised of $70,000.00 for actual and projected
pain and suffering and $1,340.22 for past unreimbursable expenses) in the form
of a check payable to Petitioner. 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/Brian H. Corcoran
Brian H. Corcoran
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-01639-UNJ Document 32 Filed 05/12/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHLEEN MITZNER,
Petitioner, No. 18-1639V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On October 24, 2018, Kathleen Mitzner (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. The Petition alleged that petitioner suffered a
Shoulder Injury Related to Vaccine Administration (“SIRVA”) following her receipt of a
tetanus-diphtheria-acellular pertussis vaccine on December 6, 2016. Respondent conceded
petitioner’s entitlement to compensation in his Rule 4(c) Report filed on December 4, 2019.
Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in actual and projected
pain and suffering. This amount reflects that any award for projected pain and suffering has
been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
1

Case 1:18-vv-01639-UNJ Document 32 Filed 05/12/20 Page 4 of 4
awarded past unreimbursable expenses in the amount of $1,340.22. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $71,340.22, in the form of a check made payable to petitioner.1
This 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: April 7, 2020
1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering.
2