VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00289
Package ID: USCOURTS-cofc-1_21-vv-00289
Petitioner: Carolyn Kimmick
Filed: 2021-01-07
Decided: 2023-11-30
Vaccine: influenza
Vaccination date: 2020-11-14
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55378

AI-assisted case summary:
Carolyn Kimmick 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) after receiving an influenza vaccine on November 14, 2020. She stated that she received the vaccine in the United States and continues to suffer residual effects from the injury, which is a defined Table injury. She also affirmed that neither she nor any other party had filed a civil case or received compensation for this injury. The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer conceding that Petitioner is entitled to compensation. The respondent believed that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent's Rule 4(c) Report and Proffer indicated that Petitioner should be awarded $55,378.07, comprising $55,000.00 for pain and suffering and $378.07 for past unreimbursable expenses. Petitioner agreed with this proffered award. The court awarded Petitioner a lump sum payment of $55,378.07 for all damages available under Section 15(a) of the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00289-0
Date issued/filed: 2023-11-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/25/2023) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00289-UNJ Document 37 Filed 11/29/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0289V
CAROLYN KIMMICK, Chief Special Master Corcoran
Petitioner, Filed: October 25, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Carolyn Kimmick (“Petitioner”) 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 August 9, 2023.
ECF No. 25. Petitioner alleges that she suffered a left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury after receiving an influenza (“flu”) vaccine
on November 14, 2020. Amended Petition at 1, ¶¶ 2, 12. Petitioner further alleges that
she received the flu vaccine in the United States, that she continues to suffer the residual
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-00289-UNJ Document 37 Filed 11/29/23 Page 2 of 2
effects of her SIRVA injury more than six months, and that neither she nor any other party
has filed a civil case or received compensation for her SIRVA injury. Id. at ¶¶ 1, 11, 13.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 25, 2023, Respondent filed a combined Rule 4(c) Report and Proffer
in which he concedes that Petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer at 1. Specifically, Respondent believes “that
[P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury
Table.” Id. at 6. Respondent further believes that “based on the record as it now stands,
[P]etitioner has satisfied all legal prerequisites for compensation under the 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00289-1
Date issued/filed: 2023-11-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/25/2023) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00289-UNJ Document 38 Filed 11/30/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0289V
CAROLYN KIMMICK, Chief Special Master Corcoran
Petitioner, Filed: October 25, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Carolyn Kimmick (“Petitioner”) 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 August 9, 2023.
ECF No. 25. Petitioner alleges that she suffered a left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”)
vaccine on November 14, 2020. Amended Petition at 1, ¶¶ 2, 12. 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-00289-UNJ Document 38 Filed 11/30/23 Page 2 of 2
On October 25, 2023, I issued a ruling on entitlement, finding Petitioner entitled to
compensation for her SIRVA injury. In this case, Respondent filed a combined Rule 4(c)
Report and Proffer on award of compensation (“Rule 4(c) Report and Proffer”) indicating
Petitioner should be awarded $ 55,378.07, representing compensation in the amounts of
$55,000.00 for pain and suffering and $378.07 for past unreimbursable expenses. Rule
4(c) Report and Proffer at 6. 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 Rule 4(c) Report and Proffer.
Pursuant to the terms stated in combined Rule 4(c) Report and Proffer,3 I award
Petitioner a lump sum payment of $55,378.07, representing compensation in the
amounts of $55,000.00 for pain and suffering and $378.07 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an
attachment to this Decision.
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