VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01528
Package ID: USCOURTS-cofc-1_20-vv-01528
Petitioner: Kristin Bassett
Filed: 2020-11-05
Decided: 2022-12-30
Vaccine: influenza
Vaccination date: 2018-10-31
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Kristin Bassett filed a petition for compensation under the National Vaccine Injury Compensation Program on November 5, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 31, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 9, 2022, conceding that Ms. Bassett's injury was consistent with SIRVA and that she met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 14, 2022, finding Ms. Bassett entitled to compensation. Subsequently, on November 28, 2022, a Decision Awarding Damages was filed. The parties agreed to a proffer of $100,000.00 for actual pain and suffering, representing compensation for all elements of economic and noneconomic damages. This amount was awarded as a lump sum payment to Kristin Bassett, who is a competent adult. The decision was issued on December 30, 2022. Petitioner was represented by William A. Ramsey of Barrett & McNagny, and respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kristin Bassett alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 31, 2018. The respondent conceded that the injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. The case proceeded under the Table Injury provision of the Vaccine Act. A Ruling on Entitlement was issued on November 14, 2022, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages, issued on December 30, 2022, awarded a lump sum of $100,000.00 for actual pain and suffering, representing all economic and noneconomic damages, based on a proffer agreed to by both parties. Petitioner was represented by William A. Ramsey, and respondent was represented by Kimberly Shubert Davey. Chief Special Master Brian H. Corcoran presided over the case.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01528-0
Date issued/filed: 2022-12-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/14/2022) regarding 39 Ruling on Entitlement, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01528-UNJ Document 43 Filed 12/19/22 Page 1 of 2
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1528V
UNPUBLISHED
KRISTIN BASSETT, Chief Special Master Corcoran
Petitioner, Filed: November 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)
William A. Ramsey, Barrett & McNagny, Fort Wayne, IN, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 5, 2020, Kristin Bassett 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 right shoulder injury related to
vaccine administration (“SIRVA”) following an influenza (“flu”) vaccine administered on
October 31, 2018. Amended Petition at 1. 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 award or settlement for her vaccine-
related injury. Amended Petition at 3. 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-01528-UNJ Document 43 Filed 12/19/22 Page 2 of 2
On November 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 has concluded that Petitioner’s injury is consistent with a
SIRVA. Id. at 8-9. Respondent further agrees that Petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act. 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-01528-1
Date issued/filed: 2022-12-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/28/2022) regarding 42 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-01528-UNJ Document 44 Filed 12/30/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1528V
UNPUBLISHED
KRISTIN BASSETT, Chief Special Master Corcoran
Petitioner, Filed: November 28, 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)
William A. Ramsey, Barrett & McNagny, Fort Wayne, IN, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 5, 2020, Kristin Bassett 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 (S”IRVA”) as a result of an influenza (“flu”) vaccine administered on
October 31, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On November 14, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On November 22, 2022, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$100,000.00 for actual pain and suffering. Proffer at 1. In the Proffer, Respondent
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-01528-UNJ Document 44 Filed 12/30/22 Page 2 of 4
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 attached Proffer, I award Petitioner a lump
sum payment of $100,000.00 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

Case 1:20-vv-01528-UNJ Document 44 Filed 12/30/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KRISTIN BASSETT, )
)
Petitioner, )
) No. 20-1528V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 5, 2020, Kristin Bassett (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. Petitioner alleged that she suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine
administered to her on October 31, 2018. Petition at 1. On November 9, 2022, the Secretary of
Health and Human Services (“respondent”) filed a Rule 4(c) Report recommending that
compensation be awarded. ECF No. 38. On November 14, 2022, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 39.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $100,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). 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

Case 1:20-vv-01528-UNJ Document 44 Filed 12/30/22 Page 4 of 4
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 $100,000.00, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Kristin Bassett. Petitioner agrees.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kristin Bassett: $ 100,000.00
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Kimberly S. Davey
KIMBERLY S. DAVEY
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) 307-1815
Kimberly.Davey@usdoj.gov
DATED: November 21, 2022
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