VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01858
Package ID: USCOURTS-cofc-1_19-vv-01858
Petitioner: Kara Hinkley
Filed: 2019-12-09
Decided: 2021-06-04
Vaccine: influenza
Vaccination date: 2018-09-10
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 52426

AI-assisted case summary:
Kara Hinkley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her September 10, 2018 influenza vaccination. The respondent conceded that Ms. Hinkley is entitled to compensation, agreeing that she suffered a Table SIRVA and that the statutory requirements for compensation were met. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and Ms. Hinkley satisfied the severity requirement by suffering residual effects for more than six months. Ms. Hinkley averred that no other civil action had been pursued. Based on the respondent's concession and the evidence, the court found Ms. Hinkley entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $52,426.22, representing $50,000.00 for pain and suffering and $2,426.22 for past unreimbursable expenses, to which Ms. Hinkley agreed. The court awarded Ms. Hinkley the lump sum of $52,426.22.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01858-0
Date issued/filed: 2021-06-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/30/2021) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01858-UNJ Document 40 Filed 06/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1858V
UNPUBLISHED
KARA HINKLEY, Chief Special Master Corcoran
Petitioner, Filed: April 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)
Chad Ray Donnahoo, Brian Elston Law, Asheville, NC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 9, 2019, Kara Hinkley 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 that she suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of her September 10, 2018 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 29, 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 and
Proffer on Compensation at 1. Specifically, Respondent indicates that
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-01858-UNJ Document 40 Filed 06/01/21 Page 2 of 2
[m]edical personnel at the Division of Injury Compensation Programs
(“DICP”), Department of Health and Human Services, have reviewed the
petition and medical records filed in this case, as well as the relevant
medical literature regarding petitioner’s alleged injury. Based on that review,
DICP concluded that petitioner suffered a Table SIRVA. No other causes
for petitioner’s SIRVA were identified. See 42 U.S.C. § 300aa-13(a)(1)(B).
In addition, given the medical records outlined above, the statutory six
month sequela requirement has been satisfied. See id. § 300aa-11(c)(D)(I).
Therefore, based on the current record, petitioner has satisfied all legal
prerequisites for compensation under the Act.
Id. at 4 (footnote omitted). 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
suffering the residual effects or complications of her injury for more than six
months after vaccine administration. See 42 U.S.C. §§ 300aa-11(c)(1)(D)(i).
Petitioner avers that no civil action or proceedings have been pursued in
connection with the vaccine-related injury. See 42 U.S.C. §§ 300aa-11(a)(5)
and -11(c)(1)(E); Am. Pet. at 2.
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-01858-1
Date issued/filed: 2021-06-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/30/2021) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01858-UNJ Document 41 Filed 06/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1858V
UNPUBLISHED
KARA HINKLEY, Chief Special Master Corcoran
Petitioner, Filed: April 30, 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)
Chad Ray Donnahoo, Brian Elston Law, Asheville, NC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 9, 2019, Kara Hinkley 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 her September 10, 2018 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 30, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On April 29, 2021, Respondent filed a proffer of compensation
indicating Petitioner should be awarded “$52,426.22 for all damages available pursuant
to 42 U.S.C. § 300aa-15(a). Of this amount, $50,000.00 represents compensation for pain
and suffering, and $2,426.22 represents compensation for past unreimbursable
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-01858-UNJ Document 41 Filed 06/04/21 Page 2 of 2
expenses.” Respondent’s Rule 4(c) Report and Proffer of Compensation (“Proffer”) at 5.
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 $52,426.22 (representing $50,000.00 in compensation for pain and
suffering and $2,426.22 in compensation 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 § 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