VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00086
Package ID: USCOURTS-cofc-1_21-vv-00086
Petitioner: Kimberly Cates
Filed: 2021-01-05
Decided: 2024-12-20
Vaccine: influenza
Vaccination date: 2018-11-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 106079

AI-assisted case summary:
Kimberly Cates filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on November 2, 2018. She alleged that her symptoms continued for more than six months. The respondent conceded that Petitioner is entitled to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that Petitioner had no prior shoulder issues, her pain occurred within 48 hours of vaccination, was limited to the injection shoulder, and no other condition explained the pain. The ruling on entitlement was issued on February 28, 2024, finding Petitioner entitled to compensation. Subsequently, on November 13, 2024, the respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $106,079.00, which included $105,000.00 for pain and suffering and $1,079.00 for past unreimbursed expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $106,079.00.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00086-0
Date issued/filed: 2024-03-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/28/2024) regarding 39 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00086-UNJ Document 42 Filed 03/29/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0086V
KIMBERLY CATES, Chief Special Master Corcoran
Petitioner, Filed: February 28, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 5, 2021, Kimberly Cates filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On August 21, 2023, Petitioner filed an amended petition. Petitioner
alleges that she suffered a left shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza vaccine received on November 2, 2018. Amended Petition at
1. Petitioner further alleges that the vaccine was received in the United States, her
symptoms have continued for more than six months, and she has never received
compensation in the form of an award or settlement, or filed a civil suit, for her vaccine-
related injury, other than her worker’s compensation claim. Amended Petition at ¶¶ 1, 39,
1 Because this Ruling 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 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 (2018).

Case 1:21-vv-00086-UNJ Document 42 Filed 03/29/24 Page 2 of 2
40. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On February 28, 2024, 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 agrees that Petitioner’s injury is consistent with SIRVA as
defined by the Vaccine Injury Table in that “petitioner had no history of pain, inflammation,
or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight
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.” Id. at 7. Respondent further agrees that
the records establish that Petitioner suffered the residual effects of her condition for more
than six months and 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-00086-1
Date issued/filed: 2024-12-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/14/2024) regarding 53 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00086-UNJ Document 60 Filed 12/20/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0086V
KIMBERLY CATES, Chief Special Master Corcoran
Petitioner, Filed: November 14, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 5, 2021, Kimberly Cates filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On August 21, 2023, Petitioner filed an amended petition. Petitioner
alleges that she suffered a left shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza vaccine received on November 2, 2018. Amended Petition at
1. Petitioner further alleges that the vaccine was received in the United States, her
symptoms have continued for more than six months, and she has never received
compensation in the form of an award or settlement, or filed a civil suit, for her vaccine-
related injury, other than her worker’s compensation claim. Amended Petition at ¶¶ 1, 39,
40. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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 1:21-vv-00086-UNJ Document 60 Filed 12/20/24 Page 2 of 5
On February 28, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On November 13, 2024, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$106,079.00. 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 $106,079.00 (comprised of $105,000.00 in pain and suffering and
$1,079.00 in past 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

Case 1:21-vv-00086-UNJ Document 60 Filed 12/20/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KIMBERLY CATES,
Petitioner,
No. 21-86V
v.
Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 5, 2021, Kimberly Cates 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 vaccine she
received on November 2, 2018. Petition at 1. She filed an amended petition on August 21,
2023, providing much more detail about her claim. ECF No. 24. On February 28, 2024, 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 the same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 38; ECF No. 39.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $105,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00086-UNJ Document 60 Filed 12/20/24 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 $1,079.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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 $106,079.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Kimberly Cates: $106,079.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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 lost earnings
and future pain and suffering.

Case 1:21-vv-00086-UNJ Document 60 Filed 12/20/24 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Eleanor A. Hanson
ELEANOR A. HANSON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-1110
Eleanor.Hanson@usdoj.gov
DATED: November 13, 2024