VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01088
Package ID: USCOURTS-cofc-1_20-vv-01088
Petitioner: Kimberleigh Peet
Filed: 2021-11-10
Decided: 2021-12-14
Vaccine: influenza
Vaccination date: 2018-11-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 63639

AI-assisted case summary:
Kimberleigh Peet filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination she received on November 2, 2018. She further alleged that her shoulder injury persisted longer than six months and that she had not received any prior compensation. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on Damages conceding that Petitioner was entitled to compensation. The respondent stated that Petitioner had no prior history of shoulder issues, that her pain and reduced range of motion were limited to the shoulder where the vaccine was administered, and that the onset of symptoms occurred within forty-eight hours of vaccination. The respondent also confirmed there was no other condition that would explain her symptoms. Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. The decision awarding damages, issued the following day, granted Petitioner a lump sum payment of $63,638.83, which included $62,500.00 for pain and suffering and $1,138.83 for actual unreimbursed expenses. The case proceeded as a Table claim for SIRVA.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01088-0
Date issued/filed: 2021-12-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/10/2021) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01088-UNJ Document 31 Filed 12/13/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1088V
UNPUBLISHED
KIMBERLEIGH PEET, Chief Special Master Corcoran
Petitioner, Filed: November 10, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 28, 2020, Kimberleigh Peet 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 vaccine
administration (“SIRVA”) caused by an influenza vaccination she received on November
2, 2018. Petition at ¶¶ 1, 13. Petitioner further alleges that her shoulder injury has
persisted longer than six months and that she has not received any compensation (award
or settlement) for her injury. Petition at ¶¶ 9, 11. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 9, 2021, Respondent filed his Rule 4(c) Report and Proffer on
Damages (“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to
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-01088-UNJ Document 31 Filed 12/13/21 Page 2 of 2
compensation in this case. Respondent’s Rule 4(c)/Proffer at 7. Specifically, Respondent
states that “Petitioner had no apparent history of pain, inflammation or dysfunction of the
affected shoulder prior to intramuscular vaccine administration that would explain the
alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after
vaccine injection; she more likely than not suffered the onset of pain within forty-eight
hours of vaccine administration; her pain and reduced range of motion were limited to the
shoulder in which the intramuscular vaccine was administered; and there is no other
condition or abnormality present that would explain Petitioner’s symptoms”. Id. at 6-7.
Respondent further states that “the scope of damages to be awarded is limited to
Petitioner’s SIRVA and its related sequelae only”. Id. at 7.
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-01088-1
Date issued/filed: 2021-12-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/10/2021) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01088-UNJ Document 32 Filed 12/14/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1088V
UNPUBLISHED
KIMBERLEIGH PEET, Chief Special Master Corcoran
Petitioner, Filed: November 10, 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)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 28, 2020, Kimberleigh Peet 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 vaccine
administration (“SIRVA”) caused by an influenza vaccination she received on November
2, 2018. Petition at ¶¶ 1, 13. Petitioner further alleges that her shoulder injury has
persisted longer than six months and that she has not received any compensation (award
or settlement) for her injury. Petition at ¶¶ 9, 11. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 9, 2021, Respondent filed a Rule 4(c) Report and Proffer on
Damages (“Rule 4/Proffer”). ECF No. 25. On November 10, 2021, a ruling on entitlement
was issued, finding Petitioner entitled to compensation for a left SIRVA. ECF No. 26.
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-01088-UNJ Document 32 Filed 12/14/21 Page 2 of 2
Respondent’s Rule 4/Proffer indicates that Petitioner should be awarded $63,638.83,
representing $62,500.00 as an award for pain and suffering and $1,138.83 as an award
for actual unreimbursed expenses. Rule 4/Proffer at 7. 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 Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum
payment of $63,638.83 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 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