VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01871
Package ID: USCOURTS-cofc-1_18-vv-01871
Petitioner: Dianna Krueger
Filed: 2018-12-06
Decided: 2020-01-14
Vaccine: influenza
Vaccination date: 2017-11-22
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 120915

AI-assisted case summary:
Dianna Krueger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on November 22, 2017. She stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Krueger was entitled to compensation. The respondent found that her injury met the criteria set forth in the Vaccine Injury Table, noting she had no prior shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the affected shoulder, and no other condition explained her symptoms. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Krueger entitled to compensation for her SIRVA. Subsequently, a decision awarding damages was issued. The respondent had filed a proffer indicating Ms. Krueger should be awarded $120,915.12, to which Ms. Krueger agreed. The court awarded Ms. Krueger a lump sum payment of $120,915.12, representing 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-01871-0
Date issued/filed: 2020-01-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/12/2019) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01871-UNJ Document 36 Filed 01/13/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1871V
UNPUBLISHED
DIANNA KRUEGER, Chief Special Master Corcoran
Petitioner, Filed: December 12, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 6, 2018, Dianna Krueger 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 sustained a SIRVA after receiving an
influenza vaccination on November 22, 2017. Petition at 1. Petitioner further alleges
that she received the vaccination in the United States, that she suffered the residual
effects of her SIRVA for more than six months, and that neither she nor any other party
has filed a civil action or received compensation for her SIRVA. Id. at 1, 9. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
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-01871-UNJ Document 36 Filed 01/13/20 Page 2 of 2
On December 11, 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 (ECF No. 23) at 1. Specifically, Respondent found that based on the
petition and the medical records, Petitioner “has satisfied the criteria set forth in the
Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI);
petitioner had no history of pain, inflammation or dysfunction in her right 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 4 (citing 42 C.F.R. § 100.3(a), (c)(10). Respondent
further agreed that the scope of damages to be awarded is limited to Petitioner’s SIRVA
and its related sequela only. 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-01871-1
Date issued/filed: 2020-01-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/12/2019) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01871-UNJ Document 37 Filed 01/14/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1871V
UNPUBLISHED
DIANNA KRUEGER, Chief Special Master Corcoran
Petitioner, Filed: December 12, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 6, 2018, Dianna Krueger 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 SIRVA after she received an
influenza vaccination on November 22, 2017. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On December 12, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On December 11, 2019, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$120,915.12. Proffer at 4. 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.
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-01871-UNJ Document 37 Filed 01/14/20 Page 2 of 2
Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum
payment of $120,915.12 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