VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01687
Package ID: USCOURTS-cofc-1_20-vv-01687
Petitioner: Frances Kraemer
Filed: 2020-11-25
Decided: 2022-11-16
Vaccine: influenza
Vaccination date: 2019-11-13
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70072

AI-assisted case summary:
Frances Kraemer filed a petition for compensation under the National Vaccine Injury Compensation Program on November 25, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 13, 2019. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA and recommended compensation. On October 12, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation. Subsequently, on October 7, 2022, Respondent filed a proffer of compensation, proposing an award of $70,072.69. This amount was comprised of $70,000.00 for pain and suffering and $72.69 for unreimbursed expenses. Petitioner agreed with the proffered award. Based on the record and Respondent's concession, Chief Special Master Brian H. Corcoran awarded Frances Kraemer a total of $70,072.69 in the form of a check payable to Petitioner. This award represents compensation for all damages available under Section 15(a). The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond the general classification of SIRVA. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice.

Theory of causation field:
Petitioner Frances Kraemer alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 13, 2019. The Respondent conceded that Petitioner's claim met the Table criteria for SIRVA. The public text does not detail the specific mechanism of injury, medical experts, or competing medical theories. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 12, 2022, and a decision awarding damages on November 16, 2022. The award was based on Respondent's proffer of $70,072.69, consisting of $70,000.00 for pain and suffering and $72.69 for unreimbursed expenses, which Petitioner accepted. Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Katherine Carr Esposito.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01687-0
Date issued/filed: 2022-11-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/12/2022) regarding 43 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01687-UNJ Document 48 Filed 11/15/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1687V
UNPUBLISHED
FRANCES KRAEMER, Chief Special Master Corcoran
Petitioner, Filed: October 12, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 25, 2020, Frances Kraemer 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”) vaccine administered on
November 13, 2019. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, that she suffered the effects of her injury for more
than six months, and that there has been no award or settlement related to her injury.
Petition at 1-2. 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-01687-UNJ Document 48 Filed 11/15/22 Page 2 of 2
On October 7, 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
Recommending Compensation and Proffer of Compensation at 1. Specifically,
Respondent has concluded that Petitioner’s claim meets the Table criteria for a SIRVA.
Id. at 7. Respondent further agrees that Petitioner has met the statutory and jurisdictional
requirements for compensation. Id. at 8.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-01687-1
Date issued/filed: 2022-11-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/12/2022) regarding 44 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01687-UNJ Document 49 Filed 11/16/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1687V
UNPUBLISHED
FRANCES KRAEMER, Chief Special Master Corcoran
Petitioner, Filed: October 12, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 25, 2020, Frances Kraemer 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”) vaccine administered on
November 13, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On October 12, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On October 7, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $70,072.69
(comprised of $70,000.00 for pain and suffering and $72.69 for unreimbursed expenses).
Respondent’s Rule 4(c) Report Recommending Compensation and Proffer of
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-01687-UNJ Document 49 Filed 11/16/22 Page 2 of 2
Compensation at 8. In the Proffer, Respondent 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 Proffer, I award Petitioner a lump sum
payment of $70,072.69 (comprised of $70,000.00 for pain and suffering and $72.69
for unreimbursed 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