VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01471
Package ID: USCOURTS-cofc-1_19-vv-01471
Petitioner: Tammy Kramer
Filed: 2019-09-25
Decided: 2022-06-16
Vaccine: influenza
Vaccination date: 2017-10-16
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 131295

AI-assisted case summary:
Tammy Kramer filed a petition on September 25, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 15, 2021, conceding that Ms. Kramer met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. The respondent determined that Ms. Kramer had no prior history of pain, inflammation, or dysfunction in her left shoulder, that her pain occurred within 48 hours of the vaccination, that the pain and reduced range of motion were limited to the vaccinated shoulder, and that no other condition explained her symptoms. The respondent also concluded that the statutory six-month sequela requirement was satisfied and that Ms. Kramer had met all legal prerequisites for compensation. On March 30, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Kramer entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on April 29, 2022, the respondent filed a proffer on the award of compensation. The proffer proposed an award of $131,295.38, consisting of $125,000.00 for pain and suffering and $6,295.38 for past unreimbursable expenses. The proffer stated that Ms. Kramer agreed with this proposed award. On June 16, 2022, Chief Special Master Corcoran issued a decision awarding the proffered amount. The award was a lump sum payment of $131,295.38, payable by check to Ms. Kramer, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Emilie Williams of the U.S. Department of Justice.

Theory of causation field:
Petitioner Tammy Kramer alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 16, 2017. The respondent conceded that Petitioner met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table, including no prior shoulder issues, pain within 48 hours of vaccination, localized symptoms to the vaccinated shoulder, and no other explanatory condition. The respondent also confirmed the statutory six-month sequela requirement was met. The theory of causation relied on the Vaccine Injury Table presumption for SIRVA. Petitioner was represented by Paul R. Brazil and respondent by Emilie Williams. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 30, 2021, finding Petitioner entitled to compensation. On June 16, 2022, Chief Special Master Corcoran issued a decision awarding $131,295.38, comprised of $125,000.00 for pain and suffering and $6,295.38 for past unreimbursable expenses, based on a proffer agreed to by both parties.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01471-0
Date issued/filed: 2021-04-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/30/2021) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01471-UNJ Document 21 Filed 04/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1471V
UNPUBLISHED
TAMMY KRAMER, Chief Special Master Corcoran
Petitioner, Filed: March 30, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 25, 2019, Tammy Kramer 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 left-sided shoulder injury related to
vaccine administration (SIRVA) after she received an influenza (flu) vaccination on
October 16, 2017. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On March 15, 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. Respondent determined that “[P]etitioner meets the criteria for a presumed SIRVA, as
defined by the Vaccine Injury Table . . . . [s]pecifically, [P]etitioner had no history of pain,
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-01471-UNJ Document 21 Filed 04/29/21 Page 2 of 2
inflammation or dysfunction in her left shoulder; her pain occurred within 48 hours of
receipt of an intramuscular vaccination; her pain and reduced range of motion were
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality was identified to explain her symptoms . . . .” and that “the statutory six month
sequela requirement has been satisfied.” Id. at 4-5. Respondent concluded that
“[P]etitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.”
Id. at 5. Respondent further agrees that the scope of damages to be awarded are limited
to Petitioner’s SIRVA and resulting sequelae. 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_19-vv-01471-1
Date issued/filed: 2022-06-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/29/2022) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01471-UNJ Document 35 Filed 06/16/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1471V
UNPUBLISHED
TAMMY KRAMER, Chief Special Master Corcoran
Petitioner, Filed: April 29, 2022
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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 25, 2019, Tammy Kramer 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 left shoulder injurie related to vaccine
administration (SIRVA) resulting from the influenza vaccination she received on October
16, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 30, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On April 29, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $131,295.38
(comprised of $125,000.00 for pain and suffering and $6,295.38 for past unreimbursable
expenses). Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01471-UNJ Document 35 Filed 06/16/22 Page 2 of 5
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 $131,295.38 (comprised of $125,000.00 for pain and suffering and
$6,295.38 for past unreimbursable expenses) in the form of a check payable to
Petitioner. This amount represents compensation for all damages that would be available
under Section 15(a).
The Clerk of 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-01471-UNJ Document 35 Filed 06/16/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TAMMY KRAMER, )
)
Petitioner, )
) No. 19-1471V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 25, 2019, Tammy Kramer (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on October 16, 2017. Petition at 1. On March 15, 2021, the
Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that
this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury,
and on March 30, 2021, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 18; ECF No. 19.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $125,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01471-UNJ Document 35 Filed 06/16/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $6,295.38. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. 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 $131,295.38, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Tammy Kramer: $131,295.38
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:19-vv-01471-UNJ Document 35 Filed 06/16/22 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Emilie F. Williams
EMILIE F. WILLIAMS
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) 305-0124
Emilie.williams@usdoj.gov
DATED: April 28, 2022
3