VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01721
Package ID: USCOURTS-cofc-1_18-vv-01721
Petitioner: Kristen Ammerman
Filed: 2018-11-06
Decided: 2020-02-13
Vaccine: influenza
Vaccination date: 2016-12-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 107351

AI-assisted case summary:
Kristen Ammerman filed a petition for vaccine injury compensation on November 6, 2018, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on December 2, 2016. The respondent filed a Rule 4(c) report on December 27, 2019, conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to a presumption of vaccine causation. Based on this concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 31, 2019, finding Ms. Ammerman eligible for compensation. Subsequently, on January 8, 2020, the respondent filed a proffer on the award of compensation. The proffer stated that Ms. Ammerman should be awarded $107,351.45, which included $105,000.00 for pain and suffering and $2,351.45 for unreimbursable expenses. The petitioner agreed with this proffered award. Chief Special Master Corcoran accepted the proffer in a decision dated January 9, 2020, and awarded Ms. Ammerman a lump sum of $107,351.45, payable by check to the petitioner. Petitioner counsel was Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent counsel was Heather Lynn Pearlman of the U.S. Department of Justice. The decision was issued by Chief Special Master Brian H. Corcoran.

Theory of causation field:
Petitioner Kristen Ammerman alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on December 2, 2016. Respondent conceded that the claim met the Table criteria for SIRVA and entitled the petitioner to a presumption of vaccine causation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 31, 2019, finding the petitioner eligible for compensation based on the respondent's concession. On January 8, 2020, respondent proffered an award of $107,351.45, consisting of $105,000.00 for pain and suffering and $2,351.45 for unreimbursable expenses, which the petitioner accepted. Chief Special Master Corcoran issued a decision awarding this amount on January 9, 2020. Petitioner counsel was Alison H. Haskins, and respondent counsel was Heather Lynn Pearlman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01721-0
Date issued/filed: 2020-01-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/31/2019) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01721-UNJ Document 33 Filed 01/31/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1721V
UNPUBLISHED
KRISTEN AMMERMAN, Chief Special Master Corcoran
Petitioner, Filed: December 31, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 6, 2018, Kristen Ammerman 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”) vaccination
administered on December 2, 2016. Petition at 3. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 27, 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
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-01721-UNJ Document 33 Filed 01/31/20 Page 2 of 2
Table criteria for a SIRVA and that she is entitled to a presumption of vaccine causation.
Id. at 3.
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-01721-1
Date issued/filed: 2020-02-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/09/2020) 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-01721-UNJ Document 36 Filed 02/13/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1721V
UNPUBLISHED
KRISTEN AMMERMAN, Chief Special Master Corcoran
Petitioner, Filed: January 9, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 6, 2018, Kristen Ammerman 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 December 2, 2016. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 31, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On January 8, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$107,351.45 comprised of $105,000.00 for pain and suffering and $2,351.45 for
unreimbursable expenses. Proffer at 1. In the Proffer, Respondent represented that
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-01721-UNJ Document 36 Filed 02/13/20 Page 2 of 4
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 $107,351.45 comprised of $105,000.00 for pain and suffering and
$2,351.45 for 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-01721-UNJ Document 36 Filed 02/13/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KRISTEN AMMERMAN, )
)
Petitioner, )
) No. 18-1721V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 6, 2018, Kristen Ammerman (“petitioner”) filed a petition for vaccine
injury compensation alleging that she suffered a shoulder injury related to vaccine administration
(“SIRVA”) as result of an influenza (“flu”) vaccine administered on December 2, 2016. On
December 27, 2019, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. On December 31, 2019, Chief Special Master Corcoran
issued a Ruling on Entitlement finding that petitioner was entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$107,351.45, comprised of $105,000.00 for pain and suffering and $2,351.45 for unreimbursable
expenses. This amount represents all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
1

Case 1:18-vv-01721-UNJ Document 36 Filed 02/13/20 Page 4 of 4
lump sum payment of $107,351.45 in the form of a check payable to petitioner.1 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 M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Heather L. Pearlman
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 353-2699
Email: heather.pearlman2@usdoj.gov
DATED: January 8, 2020
1 Should petitioner die prior to the entry of judgment, respondent reserves 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.
2