VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00242
Package ID: USCOURTS-cofc-1_21-vv-00242
Petitioner: Katherine Frailing
Filed: 2021-01-07
Decided: 2023-08-07
Vaccine: influenza
Vaccination date: 2020-09-25
Condition: right shoulder injury
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Katherine Frailing filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, later filing an amended petition on July 8, 2022. She alleged that she suffered a right shoulder injury after receiving an influenza vaccine on September 25, 2020, and continues to suffer residual effects more than six months post-vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 7, 2023, conceding that Ms. Frailing's claim meets the Table criteria for SIRVA (Shoulder Injury Related to Vaccine Administration). Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms. Frailing is entitled to compensation. The case was granted entitlement and is pending a decision on damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Emilie Williams of the U.S. Department of Justice.

Theory of causation field:
Petitioner Katherine Frailing alleged a right shoulder injury, a defined Table injury, following an influenza vaccination on September 25, 2020. The respondent conceded that the claim meets the Table criteria for SIRVA (Shoulder Injury Related to Vaccine Administration). Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 7, 2023, finding Petitioner entitled to compensation based on the respondent's concession and the evidence of record. The case is pending a decision on damages. The public text does not specify the mechanism of injury, expert testimony, or provide a detailed breakdown of the award.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00242-0
Date issued/filed: 2023-08-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/07/2023) regarding 35 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00242-UNJ Document 38 Filed 08/07/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0242V
KATHERINE FRAILING, Chief Special Master Corcoran
Petitioner, Filed: July 7, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Katherine Frailing filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). She filed an amended petition on July 8, 2022. ECF No. 22. Petitioner
alleges that she suffered a right shoulder injury, a defined Table injury, after receiving an
influenza vaccine on September 25, 2020. Id. at 1, ¶¶ 1, 8. Petitioner further alleges that
she continues to suffer the residual effect of her injury more than six months post-
vaccination and that neither she nor any other party has filed a civil action or received
compensation for his injury. Id. at ¶¶ 7, 9. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-00242-UNJ Document 38 Filed 08/07/23 Page 2 of 2
On July 7, 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 at 1.
Specifically, Respondent has “concluded that [P]etitioner’s claim meets the Table criteria
for SIRVA.” Id. at 6.
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