VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01610
Package ID: USCOURTS-cofc-1_20-vv-01610
Petitioner: Kaitlin McKenzie
Filed: 2022-02-16
Decided: 2022-06-13
Vaccine: influenza
Vaccination date: 2019-10-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 135590

AI-assisted case summary:
Kaitlin McKenzie filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2022, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 2, 2019. She further alleged her injuries lasted more than six months. The respondent conceded entitlement, stating that Ms. McKenzie had no prior history of left shoulder issues, that pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her residual effects lasted more than six months. Based on the concession and the evidence, the Chief Special Master found Ms. McKenzie entitled to compensation for a Table SIRVA. A subsequent decision on June 13, 2022, awarded Ms. McKenzie $135,590.73 in a lump sum payment. This award included $125,000.00 for pain and suffering, $6,760.98 for past unreimbursed expenses, and $3,829.75 for past lost wages, representing all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01610-0
Date issued/filed: 2022-03-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/16/2022) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01610-UNJ Document 34 Filed 03/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1610V
UNPUBLISHED
KAITLIN McKENZIE, Chief Special Master Corcoran
Petitioner, Filed: February 16, 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)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Mallori Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 18, 2020, Kaitlin McKenzie 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 an influenza (“flu”) vaccination received on October
2, 2019. Petition at ¶¶ 6, 22. Petitioner further alleges that her “vaccine related injuries
have lasted more than six months.” Petition at ¶ 24. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 14, 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, 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-01610-UNJ Document 34 Filed 03/21/22 Page 2 of 2
shoulder; medical records document that pain occurred within 48 hours after receipt of an
intramuscular vaccination; pain was limited to the left shoulder in which the vaccine was
administered; and no other condition or abnormality has been identified to explain
Petitioner’s shoulder pain. Id. at 7. Respondent further agrees that Petitioner suffered
residual effects of her injury 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-01610-1
Date issued/filed: 2022-06-13
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/13/2022) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01610-UNJ Document 42 Filed 06/13/22 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1610V
UNPUBLISHED
KAITLIN MCKENZIE, Chief Special Master Corcoran
Petitioner,
v. Filed: May 13, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision based on Proffer;
Influenza (Flu); Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 18, 2020, Kaitlin McKenzie filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. (the
“Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine
administration (SIRVA) as a result of an influenza (“flu”) vaccination received on October
2, 2019. Petition at ¶¶ 6, 22. Petitioner further alleges that her “vaccine related injuries
have lasted more than six months.” Petition at ¶ 24. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 16, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a Table SIRVA. On May 10, 2022, Respondent filed a proffer
on an award of compensation (“Proffer”). In the Proffer, Respondent represented that
Petitioner agrees with the proffered award. Based on the record as a whole, I find that
Petitioner is entitled to an award as stated in the Proffer.
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.

Case 1:20-vv-01610-UNJ Document 42 Filed 06/13/22 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award the following
compensation:
A lump sum of $135,590.73 (representing for $125,000.00 for pain and
suffering, $6,760.98 for past unreimbursed expenses, and $3,829.75 for past lost
wages). 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.2
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2 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.

Case 1:20-vv-01610-UNJ Document 42 Filed 06/13/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
KAITLIN MCKENZIE, )
)
Petitioner, )
) No. 20-1610V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 18, 2020, Kaitlin McKenzie (“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
an influenza (“flu”) vaccine she received on October 2, 2019. On February 14, 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 for a SIRVA Table injury,
and on February 16, 2022, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 30; ECF No. 31.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $125,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01610-UNJ Document 42 Filed 06/13/22 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 $6,760.98. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost
wages in the amount of $3,829.75. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 $135,590.73, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kaitlin McKenzie: $135,590.73
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-01610-UNJ Document 42 Filed 06/13/22 Page 5 of 5
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s James V. Lopez .
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Date: May 10, 2022
3