VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01377
Package ID: USCOURTS-cofc-1_19-vv-01377
Petitioner: Kim Boyer
Filed: 2019-09-10
Decided: 2021-05-05
Vaccine: influenza
Vaccination date: 2017-10-12
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 110220

AI-assisted case summary:
Kim Boyer filed a petition for compensation on September 10, 2019, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 12, 2017. The respondent filed a Rule 4(c) report on February 19, 2021, conceding that Ms. Boyer is entitled to compensation for a left SIRVA due to the flu vaccine she received on October 12, 2017, and that she satisfied the statutory requirements for compensation. On February 22, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Boyer entitled to compensation. On April 1, 2021, the respondent filed a proffer on award of compensation, recommending an award of $110,220.25, consisting of $110,000.00 for pain and suffering and $220.25 for out-of-pocket expenses. The respondent represented that Ms. Boyer, a competent adult, agreed with the proffered award. In a decision dated May 5, 2021, Chief Special Master Corcoran awarded Ms. Boyer a lump sum payment of $110,220.25, consisting of $110,000.00 for pain and suffering and $220.25 for out-of-pocket expenses. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Kim Boyer received an influenza vaccine on October 12, 2017. She alleged a shoulder injury related to vaccine administration (SIRVA). Respondent conceded entitlement, agreeing that Petitioner sustained the onset of a left SIRVA within the Table time period following the influenza vaccine, and that the injury is compensable under the National Childhood Vaccine Injury Act. The theory of causation relied upon the Vaccine Injury Table for SIRVA. No specific medical experts were named in the provided text. The award was a lump sum of $110,220.25, comprising $110,000.00 for pain and suffering and $220.25 for out-of-pocket expenses. The Ruling on Entitlement was issued on February 22, 2021, and the Decision Awarding Damages was issued on May 5, 2021, both by Chief Special Master Brian H. Corcoran. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Christine Mary Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01377-0
Date issued/filed: 2021-03-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2021) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (jas) Service on parties made.
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Case 1:19-vv-01377-UNJ Document 30 Filed 03/24/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1377V
UNPUBLISHED
KIM BOYER, Chief Special Master Corcoran
Petitioner, Filed: February 22, 2021
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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 10, 2019, Kim Boyer 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
October 12, 2017. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On February 19, 2021, 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 stated that Petitioner “is entitled to compensation for a left
[SIRVA] due to the flu vaccine she received on October 12, 2017.” Id. at 1. Respondent
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 1:19-vv-01377-UNJ Document 30 Filed 03/24/21 Page 2 of 2
further agrees that Petitioner satisfied the statutory requirements for compensation. Id. at
4.
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-01377-1
Date issued/filed: 2021-05-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/02/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01377-UNJ Document 36 Filed 05/05/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1377V
UNPUBLISHED
KIM BOYER, Chief Special Master Corcoran
Petitioner, Filed: April 2, 2021
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)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 10, 2019, Kim Boyer 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”) caused by an influenza (“flu”) vaccine administered on October
12, 2017. Petition at 1. Petitioner further alleges that the vaccine was administered within
the United States, that he suffered the effects of his injury for six months or more, and
that there has been no award or settlement for his injury. Petition at 1, 5-6. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On February 22, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On April 1, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $110,220.25
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 1:19-vv-01377-UNJ Document 36 Filed 05/05/21 Page 2 of 4
consisting of $110,000.00 for pain and suffering, and $220.25 for out-of-pocket 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 $110,220.25 consisting of $110,000.00 for pain and suffering, and
$220.25 for out-of-pocket 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 1:19-vv-01377-UNJ Document 36 Filed 05/05/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KIM BOYER, )
)
Petitioner, )
) No. 19-1377V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On February 19, 2021, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner sustained the onset of a left shoulder injury related to vaccine administration
(“SIRVA”) within the Table time period following an influenza vaccine, and therefore sustained
an injury that is compensable under the terms of the National Childhood Vaccine Injury Act of
1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on February 22, 2021, the Chief
Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for SIRVA following the influenza vaccine she received on October 12, 2017.
II. Items of Compensation
Respondent proffers that petitioner should be awarded $110,000.00 for pain and suffering
and $220.25 for out-of-pocket expenses.
This represents all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:19-vv-01377-UNJ Document 36 Filed 05/05/21 Page 4 of 4
III. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $110,220.25, in the form of
a check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kim Boyer: $110,220.25
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
DATED: April 1, 2021
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 pain and
suffering.
2