VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01768
Package ID: USCOURTS-cofc-1_20-vv-01768
Petitioner: Kimberly Neighbors
Filed: 2020-12-04
Decided: 2022-09-12
Vaccine: influenza
Vaccination date: 2019-10-16
Condition: abscess
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Kimberly Neighbors filed a petition for compensation under the National Vaccine Injury Compensation Program on December 4, 2020, alleging that she suffered an abscess caused in fact by the influenza vaccine she received on October 16, 2019. She further alleged that the vaccine was administered in the United States, that her abscess and its sequelae persisted for more than six months, and that no other actions or compensation had been sought for this injury. The case was assigned to the Special Processing Unit. On March 18, 2022, the respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent agreed that the petitioner developed an abscess on her left deltoid, which was more likely than not caused by the flu vaccine administered at the same location, and that no other causes were identified. The respondent also agreed that the petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation, with the scope of damages limited to the abscess and its related sequelae. On April 22, 2022, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding the petitioner entitled to compensation. Subsequently, on August 8, 2022, the respondent filed a proffer recommending an award of $25,000.00 for pain and suffering, which the petitioner agreed to. In a Decision Awarding Damages dated August 9, 2022, Chief Special Master Corcoran awarded Kimberly Neighbors a lump sum payment of $25,000.00, payable by check to Petitioner, representing compensation for all damages available under Section 15(a). Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and the respondent was represented by Meghan Murphy of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kimberly Neighbors alleged that an influenza vaccine received on October 16, 2019, caused an abscess. The respondent conceded that the petitioner developed an abscess on her left deltoid, which was more likely than not caused in fact by the flu vaccine at the same location, and that no other causes were identified. The respondent also agreed that the abscess and its sequelae persisted for more than six months. The initial petition mentioned a shoulder injury related to vaccine administration (SIRVA), but an amended petition focused solely on the abscess. The theory of causation was "Off-Table." Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 22, 2022, finding Petitioner entitled to compensation. On August 8, 2022, Respondent filed a proffer recommending an award of $25,000.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran awarded Petitioner a lump sum of $25,000.00 on September 12, 2022. Petitioner was represented by Leigh Finfer (Muller Brazil, LLP), and Respondent was represented by Meghan Murphy (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01768-0
Date issued/filed: 2022-05-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/22/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01768-UNJ Document 28 Filed 05/23/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1768V
UNPUBLISHED
KIMBERLY NEIGHBORS, Chief Special Master Corcoran
Petitioner, Filed: April 22, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Abscess
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 4, 2020, Kimberly Neighbors filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), and on April 13, 2022, she filed an amended petition. Petitioner alleges
that she suffered an abscess that was caused in fact by the influenza (“flu”) vaccine she
received in her left shoulder on October 16, 2019. Amended Petition at 1. Petitioner
further alleges she received the vaccine in the United States, her abscess and sequelae
persisted for more than six months, and neither Petitioner nor any other party has ever
filed any action, or received compensation in the form of an award or settlement, for her
vaccine-related injury. Amended Petition at ¶¶ 2, 9-11. 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-01768-UNJ Document 28 Filed 05/23/22 Page 2 of 2
On March 18, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation for an abscess that was caused in fact by the
flu vaccine.3 Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agreed that
“petitioner developed an abscess on her left deltoid, which was more likely than not in
fact caused by administration of a flu vaccine at the same location. No other causes for
petitioner’s abscess have been identified.” Id. at 5. Respondent further agrees that
“petitioner suffered the residual effects or complications of her injury for more than 6
months after the administration of the vaccine . . . . [and] based on the record as it now
stands, petitioner has satisfied all legal prerequisites for compensation under the Act. The
scope of damages to be awarded is limited to petitioner’s abscess and its related
sequelae only.” Id. at 5-6.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation for an abscess.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 In his Rule 4 Report, Respondent took the position that Petitioner’s injury did not meet the requirements of a Table
shoulder injury related to vaccine administration, which was claimed in Petitioner’s original petition. However,
Petitioner subsequently filed an amended petition asserting only a claim for an abscess caused in fact by the flu
vaccine.
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01768-1
Date issued/filed: 2022-09-12
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/09/2022) regarding 32 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01768-UNJ Document 36 Filed 09/12/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1768V
UNPUBLISHED
KIMBERLY NEIGHBORS, Chief Special Master Corcoran
Petitioner, Filed: August 9, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Abscess
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 4, 2020, Kimberly Neighbors filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), and on April 13, 2022, she filed an amended petition. Petitioner alleges
that she suffered an abscess that was caused in fact by the influenza (“flu”) vaccine she
received in her left shoulder on October 16, 2019. Amended Petition at 1. Petitioner
further alleges she received the vaccine in the United States, her abscess and sequelae
persisted for more than six months, and neither Petitioner nor any other party has ever
filed any action, or received compensation in the form of an award or settlement, for her
vaccine-related injury. Amended Petition at ¶¶ 2, 9-11. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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-01768-UNJ Document 36 Filed 09/12/22 Page 2 of 5
On April 22, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for abscess. On August 8, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $25,000.00. Proffer at
2. 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 attached Proffer, I award Petitioner a lump
sum payment of $25,000.00 (in pain and suffering) 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-01768-UNJ Document 36 Filed 09/12/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KIMBERLY NEIGHBORS, )
)
Petitioner, )
) No. 20-1768V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 4, 2020, Kimberly Neighbors (“petitioner”) filed a petition for
compensation (“Petition”) 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 left shoulder injury
related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”)
vaccination on October 16, 2019. See Petition at Preamble. On March 18, 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, as petitioner sustained an abscess that
was caused in-fact by the flu vaccine she received on October 16, 2019. ECF No. 23. On April
13, 2022, petitioner filed an amended petition, alleging that she suffered from an abscess caused
by her flu vaccination on October 16, 2019. See ECF No. 25 (Amended Petition). On April 22,
2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 26.

Case 1:20-vv-01768-UNJ Document 36 Filed 09/12/22 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $25,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). This amount 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 following1: a lump sum payment of $25,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kimberly Neighbors: $25,000.00
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:20-vv-01768-UNJ Document 36 Filed 09/12/22 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Meghan R. Murphy
MEGHAN R. MURPHY
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) 616-4264
meghan.r.murphy@usdoj.gov
DATED: August 8, 2022
3