VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00286
Package ID: USCOURTS-cofc-1_21-vv-00286
Petitioner: Eunice Kim
Filed: 2021-01-07
Decided: 2024-08-09
Vaccine: influenza
Vaccination date: 2020-12-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 61393

AI-assisted case summary:
Eunice Kim filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a Table injury, specifically a shoulder injury related to vaccine administration (SIRVA), as a result of receiving an influenza vaccination on December 22, 2020. She alleged that she suffered residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that compensation was appropriate, finding that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site shoulder, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Ms. Kim entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $61,393.41, which included $60,000.00 for pain and suffering and $1,393.41 for past unreimbursable expenses. Ms. Kim agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Kim a lump sum payment of $61,393.41.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00286-0
Date issued/filed: 2023-09-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/23/2023) regarding 30 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00286-UNJ Document 32 Filed 09/25/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-286V
EUNICE KIM, Chief Special Master Corcoran
Petitioner, Filed: August 23, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Eunice Kim 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 that she suffered a Table injury – a shoulder injury
related to vaccine administration (“SIRVA”), as a result of her receipt of an influenza (“flu”)
vaccination on December 22, 2020. Petition at 1; Amended Petition, filed January 30,
2023, at 1. Petitioner alleges that she suffered the residual effects of her injury for more
than six months, and that there has been no prior award or settlement of a civil action on
her behalf as a result of her injury. See Amended Petition at ¶¶ 8, 10. 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-00286-UNJ Document 32 Filed 09/25/23 Page 2 of 2
On August 18, 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 indicates that he
has concluded that compensation is appropriate. [Respondent] has
concluded that petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, petitioner had no history
of pain, inflammation, or dysfunction of her left shoulder prior to vaccination;
pain occurred within 48 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 4-5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that “based
on the medical records . . . , petitioner suffered the residual effects of her condition for
more than six months.” Id. at 5.
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-00286-1
Date issued/filed: 2024-08-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/02/2024) regarding 41 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00286-UNJ Document 45 Filed 08/09/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0286V
EUNICE KIM, Chief Special Master Corcoran
Petitioner, Filed: July 2, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Eunice Kim 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 that she suffered a Table injury – a shoulder injury
related to vaccine administration (“SIRVA”), as a result of her receipt of an influenza (“flu”)
vaccination on December 22, 2020. Petition at 1; Amended Petition, filed January 30,
2023, at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On August 23, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for ger SIRVA. On July 1, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $61,393.41,
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-00286-UNJ Document 45 Filed 08/09/24 Page 2 of 5
representing compensation in the amounts of $60,000.00 for pain and suffering and
$1,393.41 for past unreimbursable expenses. Proffer at 1-2. 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 $61,393.41, representing compensation in the amounts of
$60,000.00 for pain and suffering and $1,393.41 for actual unreimbursable
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-00286-UNJ Document 45 Filed 08/09/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
EUNICE KIM,
Petitioner, No. 21-286V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Eunice Kim (“petitioner”) 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”). On January 30, 2023, petitioner filed an amended petition for compensation
(“Amend. Petition”), alleging that she suffered a Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on
December 22, 2020. Amend. Petition at 1. On August 18, 2023, 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 SIRVA, and on August 23, 2023, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 29; ECF No. 30.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:21-vv-00286-UNJ Document 45 Filed 08/09/24 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 $1,393.41. 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 $61,393.41, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Eunice Kim: $61,393.41
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:21-vv-00286-UNJ Document 45 Filed 08/09/24 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ PARISA TABASSIAN
PARISA TABASSIAN
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) 305-4035
Parisa.Tabassian@usdoj.gov
Date: July 1, 2024
3