VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01695
Package ID: USCOURTS-cofc-1_19-vv-01695
Petitioner: Kathy Stopar
Filed: 2019-10-31
Decided: 2022-05-03
Vaccine: influenza
Vaccination date: 2016-11-05
Condition: left shoulder injury related to a vaccine administration (“SIRVA”)
Outcome: compensated
Award amount USD: 100614

AI-assisted case summary:
Kathy Stopar filed a petition for compensation under the National Vaccine Injury Compensation Program on October 31, 2019, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on November 5, 2016. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report on October 6, 2021, conceding that Petitioner met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table and was entitled to compensation. A ruling on entitlement was issued on October 7, 2021, finding Petitioner entitled to compensation. On March 18, 2022, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $92,500.00 for pain and suffering and $8,114.63 for past unreimbursable expenses, totaling $100,614.63. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding damages on May 3, 2022, granting a lump sum payment of $100,614.63 to Kathy Stopar.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01695-0
Date issued/filed: 2021-11-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/07/2021) regarding 42 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01695-UNJ Document 44 Filed 11/09/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1695V
UNPUBLISHED
KATHY STOPAR, Chief Special Master Corcoran
Petitioner, Filed: October 7, 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)
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 31, 2019, Kathy Stopar 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 shoulder injury related to a
vaccine administration (“SIRVA”) caused by a November 5, 2016 influenza vaccine.
Petition at ¶¶ 1. Petitioner further alleges that her shoulder pain has persisted for more
than six months, that no party has received compensation in the form of an award or
settlement for her vaccine0ralted injuries, that that the vaccine was administered within
the United States. Petition at ¶¶ 1, 4. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01695-UNJ Document 44 Filed 11/09/21 Page 2 of 2
On October 6, 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 has concluded that Petitioner meets the criteria for a
presumed SIRVA as defined by the Vaccine Injury Table. Id. at 5. Respondent further
agrees that Petitioner has satisfied all legal prerequisites for compensation under the
Vaccine Act. 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-01695-1
Date issued/filed: 2022-05-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/24/2022) regarding 52 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01695-UNJ Document 56 Filed 05/03/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1695V
UNPUBLISHED
KATHY J. STOPAR, Chief Special Master Corcoran
Petitioner, Filed: March 24, 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)
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 31, 2019, Kathy J. Stopar 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
November 5, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 7, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On March 18, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $92,500.00 for pain
and suffering an $8,114.63 for past unreimbursable expenses. Proffer at 1-2. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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-01695-UNJ Document 56 Filed 05/03/22 Page 2 of 5
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 $100,614.63 comprised of $92,500.00 for pain and suffering and
$8,114.63 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-01695-UNJ Document 56 Filed 05/03/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KATHY J. STOPAR,
)
)
Petitioner,
) No. 19-1695V
v.
) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 31, 2019, Kathy J. Stopar (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she suffered “injuries” as a
result of an influenza (“flu”) vaccine administered to her on November 5, 2016. On October 6,
2021, respondent filed his Vaccine Rule 4(c) report, recommending that compensation be
awarded to petitioner for a presumed Shoulder Injury Related to Vaccine Administration
(“SIRVA”). On October 7, 2021, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation.
I. Items of Compensation
A. Pain and suffering
Respondent proffers that petitioner should be awarded $92,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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

Case 1:19-vv-01695-UNJ Document 56 Filed 05/03/22 Page 4 of 5
awarded past unreimbursable expenses in the amount of $8,114.63. 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 $100,614.63, in the form of
a check payable to petitioner, Kathy J. Stopar.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kathy J. Stopar: $100,614.63.
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
ALEXIS B. BABCOCK
Assistant 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-01695-UNJ Document 56 Filed 05/03/22 Page 5 of 5
s/Traci R. Patton
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 353-1589
E-mail: Traci.Patton@usdoj.gov
Dated: March 18, 2022
3