VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00822
Package ID: USCOURTS-cofc-1_21-vv-00822
Petitioner: Marlene Koenig-Wiltse
Filed: 2021-07-18
Decided: 2023-08-18
Vaccine: influenza
Vaccination date: 2020-10-29
Condition: left-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 112630

AI-assisted case summary:
Marlene Koenig-Wiltse filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on October 29, 2020, and subsequently suffered from a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms. Koenig-Wiltse's claim met the Vaccine Injury Table criteria for SIRVA and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master ruled that Ms. Koenig-Wiltse was entitled to compensation. Subsequently, in a decision on damages, the court awarded Ms. Koenig-Wiltse a lump sum of $112,630.73, which included $112,000.00 for pain and suffering and $630.73 for actual unreimbursable expenses. This award represented 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-00822-0
Date issued/filed: 2023-08-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/18/2023) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00822-UNJ Document 39 Filed 08/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0822V
MARLENE KOENIG-WILTSE, Chief Special Master Corcoran
Petitioner,
v. Filed: July 18, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Parisa Tabbassian, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 29, 2021, Marlene Koenig-Wiltse (“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 received an infliuenza
(“flu”) vaccine on October 29, 2020, in her left deltoid, and thereafter suffered from a left-
sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On July 17, 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 states that Petitioner’s claim
meets the Vaccine Injury Table (“Table”) criteria for SIRVA. Id. at 4 (citing 42 C.F.R. §§
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 (2012).

Case 1:21-vv-00822-UNJ Document 39 Filed 08/17/23 Page 2 of 2
100.3(a)(XIV)(B), (c)(10)). Respondent further agrees that Petitioner has satisfied all legal
prerequisites for compensation under the Act. Id. at 3-4 (citing Section 13(a)(1)(B);
Section 11(c)(1)(D)(i)).
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-00822-1
Date issued/filed: 2023-08-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/18/2023 ) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00822-UNJ Document 40 Filed 08/18/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0822V
MARLENE KOENIG-WILTSE, Chief Special Master Corcoran
Petitioner,
v. Filed: July 18, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Parisa Tabbassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES 1
On January 29, 2021, Marlene Koenig-Wiltse (“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 received an infliuenza
(“flu”) vaccine on October 29, 2020, in her left deltoid, and thereafter suffered from a left-
sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On July 17, 2023, Respondent filed a combined Rule 4(c) Report and Proffer in
which he conceded that Petitioner was entitled to compensation for a Table SIRVA.
Respondent’s Rule 4(c) Report and Proffer at 1, 4-5. The next day, I issued a Ruling on
Entitlement.
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 (2012).

Case 1:21-vv-00822-UNJ Document 40 Filed 08/18/23 Page 2 of 2
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Respondent’s Rule 4(c) Report and Proffer at 5. 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 combined Rule 4(c) Report and Proffer,3 I award
the following compensation:
A lump sum of $112,630.73 (representing $112,000.00 for pain and suffering,
and $630.73 for actual unreimbursable expenses) in the form of a check payable to
Petitioner. Respondent’s Rule 4(c) Report and Proffer at 5-6. This amount represents
compensation for all damages that would be available under Section 15(a). Id.
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 combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal
medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto.
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