VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01424
Package ID: USCOURTS-cofc-1_20-vv-01424
Petitioner: Kelli Hill
Filed: 2020-10-20
Decided: 2024-12-27
Vaccine: influenza
Vaccination date: 2018-09-29
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 118256

AI-assisted case summary:
Kelli Hill 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 her influenza vaccination on September 29, 2018. The respondent conceded that Ms. Hill is entitled to compensation, agreeing that her injury met the criteria for a SIRVA on the Vaccine Injury Table. The respondent noted that Ms. Hill had no prior history of right shoulder issues, that her pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition could explain the pain. The six-month sequela requirement was also met. Subsequently, a decision awarding damages was issued on December 27, 2024. The parties stipulated to an award of $110,000.00 for actual pain and suffering, and an additional $8,256.32 to satisfy a State of Ohio Medicaid lien. The total award was $118,256.32.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01424-0
Date issued/filed: 2022-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/17/2022) regarding 44 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:20-vv-01424-UNJ Document 46 Filed 09/19/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1424V
UNPUBLISHED
KELLI HILL, Chief Special Master Corcoran
Petitioner, Filed: August 17, 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)
Henry Domenick Acciani, O’Connor, Acciani & Levy, Cincinnati, OH, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 20, 2020, Kelli Hill 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 Table injury –Shoulder Injury Related to
Vaccine Administration (“SIRVA”) – as a result of her influneza (“flu”) vaccination on
September 29, 2018. Petition at 1; Status Report filed July 26, 2021. Petitioner further
alleges the vaccine was administered within the United States, that she suffered the
residual effects of her injury for more than six months, and that there has been no prior
award or settlement of a civil action on her behalf as a result of her injury. See Petition at
¶¶ 2, 15, 18-19. 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-01424-UNJ Document 46 Filed 09/19/22 Page 2 of 2
On August 15, 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 indicates that
[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. Based on that review, it is
respondent’s position that petitioner has satisfied the criteria set forth in the
Vaccine Injury Table and Qualifications and Aids to Interpretation for a
SIRVA injury from her flu vaccine. Specifically, petitioner had no history of
pain, inflammation, or dysfunction of her right shoulder; pain more likely
than not occurred within 48 hours after receipt of an intramuscular
vaccination; 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 shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10). 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 5.
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-01424-1
Date issued/filed: 2024-12-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/22/2024) regarding 56 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01424-UNJ Document 60 Filed 12/27/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1424V
KELLI HILL, Chief Special Master Corcoran
Petitioner, Filed: November 22, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Henry Acciani, O’Connor, Acciani, & Levy, Cincinnati, OH, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 20, 2020, Kelli Hill 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 Table injury –Shoulder Injury Related to
Vaccine Administration (“SIRVA”) – as a result of her influenza (“flu”) vaccination on
September 29, 2018. Petition at 1; Status Report filed July 26, 2021. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 17, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On November 21, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $110,000.00 in actual
pain and suffering and $8,256.32 to satisfy a State of Ohio Medicaid lien. Proffer at 1-2.
In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:20-vv-01424-UNJ Document 60 Filed 12/27/24 Page 2 of 5
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 the following
compensation:
1) A lump sum payment of $110,000.00 (representing actual pain and
suffering) in the form of a check payable to Petitioner.
2) A lump sum payment of $8,256.32, representing compensation for
satisfaction of the State of Ohio Medicaid lien, payable jointly to Petitioner
and to:
Ohio Tort Recovery Unit
5475 Rings Road Suite 200
Dublin, OH 43017
Petitioner agrees to endorse this payment to Treasurer, State of Ohio for
satisfaction of the Medicaid lien.
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-01424-UNJ Document 60 Filed 12/27/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KELLI HILL,
Petitioner, No. 20-1424V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 20, 2020, Kelli Hill (“petitioner”), filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”),
42 U.S.C. §§ 300aa-1 to -34. Pursuant to the Petition and to a clarifying status report filed on
July 26, 2021 (ECF No. 19), petitioner alleges that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) in her right shoulder as a result of an influenza (“flu”) vaccine
administered on September 29, 2018. Petition at 1. On August 15, 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 Act, and on August 17, 2022, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 42; ECF No. 44.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Kelli Hill should be awarded $110,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01424-UNJ Document 60 Filed 12/27/24 Page 4 of 5
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy a State of Ohio
Medicaid lien in the amount of $8,256.32, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any
individual as a result of any Medicaid payments the State of Ohio has made to or on behalf of
petitioner from the date of her eligibility for benefits through the date of judgment in this case as
a result of her alleged vaccine-related injury suffered on or about September 29, 2018, under
Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
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 be made through two
lump sum payments as described below:
1) A lump sum payment of $110,000.00 in the form of a check payable to petitioner.1
2) A lump sum payment of $8,256.32, representing compensation for satisfaction of the
State of Ohio Medicaid lien, payable jointly to petitioner and to:
Ohio Tort Recovery Unit
5475 Rings Road Suite 200
Dublin, OH 43017
Petitioner agrees to endorse this payment to Treasurer, State of Ohio for satisfaction of
the Medicaid lien.
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-01424-UNJ Document 60 Filed 12/27/24 Page 5 of 5
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Alexa Roggenkamp
ALEXA ROGGENKAMP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4179
alexa.roggenkamp@usdoj.gov
DATED: November 21, 2024
3