VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01219
Package ID: USCOURTS-cofc-1_20-vv-01219
Petitioner: Kimberly Asay
Filed: 2020-09-17
Decided: 2022-03-14
Vaccine: Tdap
Vaccination date: 2019-05-09
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80654

AI-assisted case summary:
Kimberly Asay filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2020, alleging a left shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccination received on May 9, 2019. The case was assigned to the Special Processing Unit. On December 17, 2021, the Respondent conceded that Petitioner was entitled to compensation, agreeing that she suffered a SIRVA as defined by the Vaccine Injury Table. The Respondent confirmed that Petitioner had no prior history of shoulder issues, her pain began within 48 hours of vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain. The Respondent also agreed that the residual effects lasted more than six months. Based on this concession, a ruling on entitlement was issued on December 22, 2021, finding Petitioner entitled to compensation. On February 9, 2022, the Respondent filed a proffer on award of compensation, proposing an award of $80,654.67, which Petitioner accepted. This amount included $80,000.00 for pain and suffering and $654.67 for past unreimbursable expenses. A decision awarding damages was issued on March 14, 2022, granting the lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01219-0
Date issued/filed: 2022-01-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/22/2021) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01219-UNJ Document 27 Filed 01/27/22 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1219V
UNPUBLISHED
KIMBERLY ASAY, Chief Special Master Corcoran
Petitioner, Filed: December 22, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus-Diphtheria-
Acellular Pertussis (Tdap) Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 17, 2020, Kimberly Asay 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) as a result of a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination received on May 9, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 17, 2021, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case because she suffered a
SIRVA as defined by the Vaccine Injury Table. Respondent’s Rule 4(c) Report at 1, 6-7.
Specifically, Petitioner had no history of pain, inflammation, or dysfunction of her left
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-01219-UNJ Document 27 Filed 01/27/22 Page 2 of 2
shoulder that would explain the alleged signs, symptoms, examination findings, and/or
diagnostic studies occurring after vaccination; Petitioner’s pain began within 48 hours
after vaccination; Petitioner’s pain was limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality has been identified to explain
Petitioner’s left shoulder pain. Id. at 6. 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-01219-1
Date issued/filed: 2022-03-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/09/2022) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01219-UNJ Document 30 Filed 03/14/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1219V
UNPUBLISHED
KIMBERLY ASAY, Chief Special Master Corcoran
Petitioner, Filed: February 9, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 17, 2020, Kimberly Asay 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) as a result of a Tdap vaccination received on May 9, 2019. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On December 22, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a left SIRVA. On February 9, 2022, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $80,654.67.
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the
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-01219-UNJ Document 30 Filed 03/14/22 Page 2 of 5
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 $80,654.67 in the form of a check payable to Petitioner, consisting
of:
1. $80,000.00 in pain and suffering; and
2. $654.67 in past unreimbursable expenses.
These amounts represent 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 1:20-vv-01219-UNJ Document 30 Filed 03/14/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KIMBERLY ASAY, )
)
Petitioner, )
) No. 20-1219V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 17, 2020, Kimberly Asay (“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
diphtheria, tetanus, and pertussis (“DTaP”) vaccine she received on May 9, 2019. See Petition at
1. On December 17, 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 December 22, 2021, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 24; ECF No. 25.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $80,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01219-UNJ Document 30 Filed 03/14/22 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 $654.67. 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 $80,654.67, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kimberly Asay: $80,654.67
Respectfully submitted,
BRIAN M. BOYNTON
Acting 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 1:20-vv-01219-UNJ Document 30 Filed 03/14/22 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Lauren Kells
LAUREN KELLS
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) 616-4187
Email: Lauren.Kells@usdoj.gov
DATED: February 9, 2022
3