VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01234
Package ID: USCOURTS-cofc-1_20-vv-01234
Petitioner: Kristin Cowan
Filed: 2020-09-21
Decided: 2022-05-23
Vaccine: influenza
Vaccination date: 2018-09-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 105465

AI-assisted case summary:
Kristin Cowan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 21, 2018. She stated that the vaccine was administered in the United States, her injuries persisted for more than six months, and she had not received other compensation or initiated a civil action. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Ms. Cowan was entitled to compensation. Respondent agreed that she had no prior history of shoulder issues, that pain began within 48 hours of vaccination, that the pain and reduced range of motion were limited to the injection shoulder, and that no other condition explained her symptoms. Respondent also confirmed the case was timely filed, the vaccine was received in the U.S., and the injury met the severity requirement. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Cowan entitled to compensation. Subsequently, a decision awarding damages was issued. Respondent filed a proffer indicating Ms. Cowan should be awarded $105,465.00, comprising $105,000.00 for pain and suffering and $465.00 for past unreimbursable expenses. Ms. Cowan agreed with this proffered award. The Chief Special Master awarded Ms. Cowan the lump sum of $105,465.00, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01234-0
Date issued/filed: 2022-04-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/14/2022) regarding 40 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01234-UNJ Document 47 Filed 04/18/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1234V
UNPUBLISHED
KRISTIN COWAN, Chief Special Master Corcoran
Petitioner, Filed: March 14, 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)
David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 21, 2020, Kristin Cowan 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 an influenza vaccine received on September 21,
2018. Petition at 1. Petitioner further alleges the vaccine was administered in the United
States, her injuries have persisted for more than six months, and she has not received
compensation in the form of an award or settlement for her injuries, nor has she initiated
a civil action for the injuries claimed in her petition. Petition at ¶¶ 3, 28, 30. 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 1:20-vv-01234-UNJ Document 47 Filed 04/18/22 Page 2 of 2
On March 9, 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 agrees that “petitioner had no history of pain, inflammation, or
dysfunction of the affected shoulder prior to vaccine administration that would explain the
alleged signs, symptoms, examination findings, and diagnostic studies occurring after
vaccine injection; she suffered the onset of pain within 48 hours of vaccine administration;
her pain and reduced range of motion were limited to the shoulder in which the vaccine
was administered; and there is no other condition or abnormality present that would
explain her symptoms.” Id. at 5-6. Respondent further agrees that “this case was timely
filed, the vaccine was received in the United States, and petitioner satisfies the severity
requirement by suffering the residual effects of her injury for more than six months after
vaccine administration,” and Petitioner avers that no civil action or proceedings have been
pursued in connection with the vaccine-related injury. Id. at 6.
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-01234-1
Date issued/filed: 2022-05-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/15/2022) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01234-UNJ Document 49 Filed 05/23/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1234V
UNPUBLISHED
KRISTIN COWAN, Chief Special Master Corcoran
Petitioner, Filed: April 15, 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)
David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 21, 2020, Kristin Cowan 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) resulting from her September 21, 2018 influenza vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On April 14, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $105,465.00, including
$105,000.00 in pain and suffering and $465.00 for past unreimbursable expenses. Proffer
at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-01234-UNJ Document 49 Filed 05/23/22 Page 2 of 5
award. Id. at 1. 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 $105,465.00, including $105,000.00 in pain and suffering and
$465.00 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 1:20-vv-01234-UNJ Document 49 Filed 05/23/22 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KRISTIN COWAN,
Petitioner,
v. No. 20-1234V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 21, 2020, Kristin Cowan (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-1 to -34, as amended
(“Vaccine Act”). Petitioner alleges that she suffered from a left shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table (“Table”), following
the administration of an influenza (“flu”) vaccine on September 21, 2018. 42 C.F.R.
§100.3(a)(XIV)(B); Petition at 1. On March 9, 2022, 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 Vaccine Act for a SIRVA Table injury, and, on March 14,
2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 39; ECF No. 40.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $105,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01234-UNJ Document 49 Filed 05/23/22 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 $465.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represents 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 following:1 a lump sum payment of $105,465.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Kristin Cowan: $105,465.00
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
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-01234-UNJ Document 49 Filed 05/23/22 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Felicia D. Langel
FELICIA D. LANGEL
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) 305-3148
felicia.d.langel@usdoj.gov
DATED: April 14, 2022
3