VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00654
Package ID: USCOURTS-cofc-1_19-vv-00654
Petitioner: Harold Kaplan
Filed: 2020-12-10
Decided: 2021-02-08
Vaccine: influenza
Vaccination date: 2017-10-02
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Harold Kaplan filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that his October 2, 2017 influenza vaccination caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was filed on December 10, 2020. Respondent filed a Rule 4(c) report conceding that Mr. Kaplan's claim met the Table criteria for SIRVA, noting that his pain and reduced range of motion were limited to the injection site and occurred within 48 hours of vaccination, with no prior history of shoulder issues. The respondent also confirmed the case was timely filed, the vaccine was received in the United States, and Mr. Kaplan suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Kaplan entitled to compensation. Subsequently, on February 8, 2021, a decision awarding damages was issued. The respondent proffered an award of $55,000.00, which Petitioner accepted. The court awarded Mr. Kaplan a lump sum of $55,000.00 to compensate for all available damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00654-0
Date issued/filed: 2021-02-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/10/2020) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00654-UNJ Document 45 Filed 02/05/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-654V
UNPUBLISHED
DONA KAPLAN, as Executrix of the Chief Special Master Corcoran
Estate of Harold Kaplan,
Filed: December 10, 2020
Petitioner,
v. Special Processing Unit (SPU);
Ruling on Entitlement; Concession;
SECRETARY OF HEALTH AND Table Injury; Influenza (Flu) Vaccine;
HUMAN SERVICES, Shoulder Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Mark Theodore Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On May 2, 2019, Harold Kaplan filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”).3 Mr. Kaplan alleged that as a result of his October 2, 2017 influenza (“flu”)
vaccination he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”).
See Petition at 1. 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).
3 Dona Kaplan was substituted as Petitioner in this case on October 26, 2020, following the death of Mr.
Kaplan.

Case 1:19-vv-00654-UNJ Document 45 Filed 02/05/21 Page 2 of 2
On December 8, 2020, 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
Recommending Compensation and Proffer of Compensation at 1, 3-4. Specifically,
Respondent indicates that
[m]edical 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 petitioner’s claim meets the Table criteria
for SIRVA. Specifically, Mr. Kaplan 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; he more
likely than not suffered the onset of pain within forty-eight hours of vaccine
administration; his 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 Mr. Kaplan’s
symptoms.
Id. at 3-4 (citing 42 C.F.R. § 100.3(a), (c)(10)). Respondent further agrees that “[w]ith
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 Mr. Kaplan suffering the residual effects or
complications of his injury for more than six months after vaccine administration.” Id. at 4
(citing 42 U.S.C. § 11(c)(1)(D)(i)).
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_19-vv-00654-1
Date issued/filed: 2021-02-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/10/2020) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00654-UNJ Document 46 Filed 02/08/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-654V
UNPUBLISHED
DONA KAPLAN, as Executrix of the Chief Special Master Corcoran
Estate of Harold Kaplan,
Filed: December 10, 2020
Petitioner,
v. Special Processing Unit (SPU);
Damages Decision Based on Proffer;
SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Shoulder
HUMAN SERVICES, Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Mark Theodore Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On May 2, 2019, Harold Kaplan filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”).3 Mr. Kaplan alleged that as a result of his October 2, 2017 influenza (“flu”)
vaccination he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”).
See Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 10, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 8, 2020, Respondent filed a proffer of
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).
3 Dona Kaplan was substituted as Petitioner in this case on October 26, 2020, following the death of Mr.
Kaplan.

Case 1:19-vv-00654-UNJ Document 46 Filed 02/08/21 Page 2 of 2
compensation indicating Petitioner should be awarded $55,000.00. Respondent’s Rule
4(c) Report Recommending Compensation and Proffer of Compensation at 4 (“Proffer”).
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 Proffer, I award Petitioner a lump sum
payment of $55,000.00 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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