VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00097
Package ID: USCOURTS-cofc-1_21-vv-00097
Petitioner: Jean Kraemer
Filed: 2021-01-05
Decided: 2023-02-28
Vaccine: influenza
Vaccination date: 2018-10-09
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55750

AI-assisted case summary:
Jean Kraemer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on October 9, 2018, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). The petition stated that the vaccine was administered in the United States, that her injury caused residual effects for more than six months, and that she had not received any prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Kraemer was entitled to compensation, agreeing that her claim met the Table criteria for SIRVA. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Kraemer entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent's proffer, which Ms. Kraemer agreed to, recommended an award of $55,000.00 for pain and suffering and $750.46 to satisfy a Medicaid lien. The court awarded these amounts, totaling $55,750.46, as compensation for all damages available under the program.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00097-0
Date issued/filed: 2023-02-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/25/2023) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00097-UNJ Document 45 Filed 02/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-97V
UNPUBLISHED
JEAN KRAEMER, Chief Special Master Corcoran
Petitioner, Filed: January 25, 2023
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)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On January 5, 2021, Jean 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 received an influenza (“flu”) vaccine on October
9, 2018 and thereafter suffered a left shoulder injury related to vaccine administration
(“SIRVA”). Amended Petition at 1.nPetitioner further alleges that 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. Petition at 1, 8. 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 1:21-vv-00097-UNJ Document 45 Filed 02/27/23 Page 2 of 2
On January 23, 2023, 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
and Proffer of Compensation at 1. Specifically, Respondent has concluded that
Petitioner’s claim meets the Table criteria for a SIRVA. Id. at 2. Respondent further agrees
that Petitioner has met the statutory and jurisdictional requirement of the Vaccine Act and
is entitled to compensation. Id. at 2-3
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_21-vv-00097-1
Date issued/filed: 2023-02-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/25/2023) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00097-UNJ Document 46 Filed 02/28/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-97V
UNPUBLISHED
JEAN KRAEMER, Chief Special Master Corcoran
Petitioner, Filed: January 25, 2023
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)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On January 5, 2021, Jean 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
October 9, 2018. Amended Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On January 23, 2023, Respondent filed Respondent’s Rule
4(c) Report and Proffer of Compensation (“Proffer”) indicating Petitioner should be
awarded $55,000.00 in pain and suffering, and $750.46 for satisfaction of a Medicaid lien.
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 1:21-vv-00097-UNJ Document 46 Filed 02/28/23 Page 2 of 2
Proffer at 4. 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 :
1. A lump sum payment of $55,000.00 in the form of a check payable to
Petitioner; and
2. A lump sum payment of $750.46, representing compensation for
satisfaction of the State of Michigan Medicaid lien, in the form of a check
payable jointly to Petitioner3 and:
Equian
PO Box 182643
Columbus, OH 43218
These amounts represent 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Petitioner agrees to endorse the check for satisfaction of the Medicaid lien.
4 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