VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01728
Package ID: USCOURTS-cofc-1_18-vv-01728
Petitioner: Kathleen Mahardy
Filed: 2018-11-07
Decided: 2020-01-07
Vaccine: influenza
Vaccination date: 2015-11-10
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 127021

AI-assisted case summary:
Kathleen Mahardy filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on November 10, 2015. The respondent conceded entitlement, stating that her injury satisfied the criteria set forth in the Vaccine Injury Table, including no prior history of shoulder issues, pain and reduced range of motion occurring within 48 hours of vaccination, and symptoms limited to the vaccinated shoulder. A ruling on entitlement was issued on October 30, 2019, finding her entitled to compensation. On December 4, 2019, the respondent filed a proffer on award of compensation, recommending an award of $127,021.91, consisting of $125,000.00 for pain and suffering and $2,021.91 for past unreimbursed expenses. Petitioner agreed with the proffered award. Chief Special Master Corcoran issued a decision awarding Kathleen Mahardy a lump sum payment of $127,021.91 on January 7, 2020.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01728-0
Date issued/filed: 2019-12-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/30/2019) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01728-UNJ Document 31 Filed 12/26/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1728V
Filed: October 30, 2019
UNPUBLISHED
KATHLEEN MAHARDY,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, Administration (SIRVA)
Respondent.
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On November 7, 2018, Kathleen Mahardy 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
to her on November 10, 2015. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
1 I intend 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, I agree that the identified
material fits within this definition, I will redact such material from public access. 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).
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-01728-UNJ Document 31 Filed 12/26/19 Page 2 of 2
On October 30, 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 “petitioner’s alleged injury has satisfied the
criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to
Interpretation: petitioner had no history of pain, inflammation or dysfunction in her left
shoulder; her pain and reduced range of motion occurred within 48 hours of receipt of
an intramuscular vaccination; her symptoms were limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality was identified to
explain her symptoms.” Id. at 6.
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-01728-1
Date issued/filed: 2020-01-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/04/2019) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01728-UNJ Document 32 Filed 01/07/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1728V
UNPUBLISHED
KATHLEEN MAHARDY, Chief Special Master Corcoran
Petitioner, Filed: December 4, 2019
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)
Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 7, 2018, Kathleen Mahardy 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 Injury (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to her
on November 10, 2015. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 30, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 4, 2019, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$127,021.91 consisting of $125,00.00 for pain and suffering, and $2,021.91 for past
unreimbursed 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-01728-UNJ Document 32 Filed 01/07/20 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 $127,021.91, (consisting of $125,00.00 for pain and suffering, and
$2,021.91 for past unreimbursed 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-01728-UNJ Document 32 Filed 01/07/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHLEEN MAHARDY, )
)
Petitioner, ) No. 18-1728V
) Chief Special Master
v. ) Brian H. Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 30, 2019, respondent filed a Rule 4 (c) Report conceding entitlement
in this case. On October 30, 2019, the Court issued a Ruling on Entitlement finding that
petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Respondent proffers that based on the evidence of record,
petitioner should be awarded $127,021.91 consisting of $125,000.00 for pain and
suffering, and $2,021.91 for past unreimbursed expenses. This amount represents all
elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-
15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be
made through a lump sum payment as described below, and request that the Chief Special
Master’s decision and the Court’s judgment award the following:1
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 lost earnings, and future pain and suffering.

Case 1:18-vv-01728-UNJ Document 32 Filed 01/07/20 Page 4 of 4
A lump sum payment of $127,021.91, in the form of a check payable to
petitioner, Kathleen Mahardy. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is
entitled.
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/ Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4133
Dated: December 4, 2019