VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00843
Package ID: USCOURTS-cofc-1_20-vv-00843
Petitioner: Janice Dickhardt
Filed: 2020-07-10
Decided: 2022-11-16
Vaccine: influenza
Vaccination date: 2019-10-28
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Janice Dickhardt filed a petition for compensation under the National Vaccine Injury Compensation Program on July 10, 2020, alleging injuries sustained from adverse effects of an influenza vaccine administered on October 28, 2019. The Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the Petitioner's alleged injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table. The Respondent also agreed that Ms. Dickhardt suffered residual effects of her condition for more than six months. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 23, 2022, finding Ms. Dickhardt entitled to compensation. Subsequently, on November 16, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Dickhardt a lump sum payment of $55,000.00, representing compensation for all damages available under the program. This amount was agreed upon by both parties in a Rule 4/Proffer filed by the Respondent. Petitioner was represented by Joshua Aaron Whisler of The Whisler Law Firm, and Respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Janice Dickhardt alleged injury from an influenza vaccine administered on October 28, 2019. The Respondent conceded that the alleged injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA), which is a condition listed on the Vaccine Injury Table. The Respondent also conceded that Petitioner suffered residual effects for more than six months. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 23, 2022, and a decision awarding damages on November 16, 2022. The award was a lump sum of $55,000.00, agreed upon by both parties. Petitioner was represented by Joshua Aaron Whisler, and Respondent was represented by Katherine Carr Esposito. The theory of causation relied on the Vaccine Injury Table (SIRVA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00843-0
Date issued/filed: 2022-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/23/2022) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-00843-UNJ Document 42 Filed 11/03/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0843V
UNPUBLISHED
JANICE DICKHARDT, Chief Special Master Corcoran
Petitioner, Filed: September 23, 2022
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)
Joshua Aaron Whisler, The Whisler Law Firm, Boca Raton, FL, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 10, 2020, Janice Dickhardt 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 “injuries sustained from adverse
effects” of an influenza (“flu”) vaccine administered on October 28, 2019. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 22, 2022, 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 states that “[w]hile not specifically alleged by name
in the petition, [Respondent] has concluded that [P]etitioner’s alleged injury is consistent
with a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined by the
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 1:20-vv-00843-UNJ Document 42 Filed 11/03/22 Page 2 of 2
Vaccine Injury Table.” Id. at 8. Respondent further agrees that Petitioner suffered the
residual effects of her condition for more than six months. 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_20-vv-00843-1
Date issued/filed: 2022-11-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/23/2022) regarding 40 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-00843-UNJ Document 43 Filed 11/16/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0843V
UNPUBLISHED
JANICE DICKHARDT, Chief Special Master Corcoran
Petitioner, Filed: September 23, 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)
Joshua Aaron Whisler, The Whisler Law Firm, Boca Raton, FL, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 10, 2020, Janice Dickhardt 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 “injuries sustained from adverse
effects” of an influenza (“flu”) vaccine administered on October 28, 2019. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 23, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On September 22, 2022, Respondent filed a
combined Rule 4 report/proffer on award of compensation (“Proffer”) indicating Petitioner
should be awarded $55,000.00. Rule 4/Proffer at 9. In the Rule 4/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 Rule 4/Proffer.
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 1:20-vv-00843-UNJ Document 43 Filed 11/16/22 Page 2 of 2
Pursuant to the terms stated in the Rule 4/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 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