VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00214
Package ID: USCOURTS-cofc-1_21-vv-00214
Petitioner: Shari Kaui
Filed: 2021-01-07
Decided: 2022-10-28
Vaccine: influenza
Vaccination date: 2019-09-29
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 87500

AI-assisted case summary:
Shari Kaui filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 29, 2019. The petition was filed on January 7, 2021. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The Secretary stated that Ms. Kaui suffered a Table injury of a left-sided SIRVA, no other causes were identified, and she met the statutory requirement of experiencing six months of residual effects. Based on the concession and the evidence, the Chief Special Master found Ms. Kaui entitled to compensation. Subsequently, a decision on damages was issued. The parties agreed to a proffer on award of compensation. The Court awarded Ms. Kaui a lump sum payment of $87,500.00 for pain and suffering, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00214-0
Date issued/filed: 2022-10-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/26/2022) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00214-UNJ Document 31 Filed 10/28/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0214V
UNPUBLISHED
SHARI KAUI, Chief Special Master Corcoran
Petitioner,
v. Filed: September 26, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Shari Kaui 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 administered on
September 29, 2019. Petition at 1. 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-00214-UNJ Document 31 Filed 10/28/22 Page 2 of 2
On September 26, 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, Respondent states that Petitioner has suffered a Table injury of
a left-sided SIRVA, no other causes have been identified, and Petitioner has met the
statutory requirement by experiencing six months of residual effects. Id. at 4-5 (citing
Sections 13(a)(1)(B); 11(c)(1)(D)(i) and (iii)).
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-00214-1
Date issued/filed: 2022-10-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/27/2022) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00214-UNJ Document 32 Filed 10/28/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0214V
UNPUBLISHED
SHARI KAUI, Chief Special Master Corcoran
Petitioner,
v. Filed: September 27, 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).
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On January 7, 2021, Shari Kaui 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 administered on
September 29, 2019. Petition at 1. 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), Petitioners have 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-00214-UNJ Document 32 Filed 10/28/22 Page 2 of 4
On September 26, 2022, a ruling on entitlement was issued, finding that Petitioner
was entitled to compensation for a SIRVA Table injury. On September 27, 2022,
Respondent filed a proffer on award of compensation, which indicates Petitioner’s
agreement to the amount(s) therein. 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 a lump sum payment
of $87,500.00 (representing 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 1:21-vv-00214-UNJ Document 32 Filed 10/28/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
SHARI KAUI, )
)
Petitioner, )
) No. 21-214V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On September 26, 2022, respondent, the Secretary of Health and Human Services, filed
his Rule 4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder
Injury Related to Vaccine Administration following an influenza vaccination. The same day, the
Court entered its Ruling on Entitlement, finding petitioner Shari Kaui entitled to Vaccine Act
compensation. Respondent now proffers that petitioner receive a compensation award consisting
of a lump sum of $87,500.00 for pain and suffering, in the form of a check payable to petitioner,
Shari Kaui.1 This amount represents compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner is entitled.2
Petitioner agrees with the proffered award of $87,500.00.3
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:21-vv-00214-UNJ Document 32 Filed 10/28/22 Page 4 of 4
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct Dial: 202-616-3667
Voris.Johnson@usdoj.gov
Date: September 27, 2022
2