VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00439
Package ID: USCOURTS-cofc-1_21-vv-00439
Petitioner: Dana J. Lenkowsky
Filed: 2021-01-11
Decided: 2025-04-28
Vaccine: influenza
Vaccination date: 2020-09-27
Condition: left shoulder injury related vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47515

AI-assisted case summary:
Dana J. Lenkowsky filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on September 27, 2020. She further alleged that her injury caused residual effects for more than six months. The respondent conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on July 22, 2024, finding Petitioner entitled to compensation. Subsequently, on March 12, 2025, the respondent filed a proffer on award of compensation, proposing an award of $47,500.00 for pain and suffering and $15.00 for unreimbursed out-of-pocket medical expenses, totaling $47,515.00. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $47,515.00, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00439-0
Date issued/filed: 2024-08-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/22/2024) regarding 72 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00439-UNJ Document 74 Filed 08/21/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-439V
DANA J. LENKOWSKY, Chief Special Master Corcoran
Petitioner, Filed: July 22, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Dana J. Lenkowsky (“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”). Petitioner alleges that she suffered from a
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an
influenza (“flu”) vaccination on September 27, 2020. Pet., ECF No. 1. Petitioner further
alleges that she suffered the residual effects of her injury for more than six months. Id.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 18, 2024, 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,
ECF No. 70. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
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-00439-UNJ Document 74 Filed 08/21/24 Page 2 of 2
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent does
not dispute that Petitioner “has satisfied all legal prerequisites for compensation under
the Act.” 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00439-1
Date issued/filed: 2025-04-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/24/2025) regarding 86 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00439-UNJ Document 90 Filed 04/28/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-439V
DANA J. LENKOWSKY, Chief Special Master Corcoran
Petitioner, Filed: March 24, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Dana J. Lenkowsky 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 the result of an influenza (“flu”) vaccination administered on
September 27, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On July 22, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a Table SIRVA. On March 12, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $47,500.00 for
pain and suffering and $15.00 for unreimbursed out-of-pocket medical expenses. Proffer
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-00439-UNJ Document 90 Filed 04/28/25 Page 2 of 5
at 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 $47,515.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement 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-00439-UNJ Document 90 Filed 04/28/25 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
DANA J. LENKOWSKY,
Petitioner,
Case No. 21-439V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On January 11, 2021, Dana J. Lenkowsky (“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”), alleging that she suffered a left shoulder
injury related vaccine administration (“SIRVA”) as the result of an influenza (“flu”)
vaccination received on September 27, 2020. Pet. at 1.
On July 18, 2024, respondent filed his Rule 4(c) Report, conceding entitlement in
this case because petitioner met the criteria to establish a presumptive Table SIRVA
injury. ECF Doc. No. 70 at 1, 5-7. On July 22, 2024, the Court issued its Ruling on
Entitlement, finding that petitioner was entitled to compensation. ECF Doc. No. 72.

Case 1:21-vv-00439-UNJ Document 90 Filed 04/28/25 Page 4 of 5
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $47,515.00. The award is comprised of the following: $47,500.00 for pain and
suffering and $15.00 for unreimbursed out-of-pocket medical expenses. This amount
represents all elements of compensation to which petitioner would be entitled under
42 U.S.C. § 300aa-15(a) regarding her September 27, 2020 flu vaccination. Petitioner
agrees.1
III. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $47,515.00, to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
Respectfully submitted,
YAAKOV M. ROTH
Acting 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 medical expenses, future lost earnings, and future pain and suffering.
2

Case 1:21-vv-00439-UNJ Document 90 Filed 04/28/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: March 12, 2025
3