VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00930
Package ID: USCOURTS-cofc-1_21-vv-00930
Petitioner: Jennifer Kane
Filed: 2021-02-16
Decided: 2024-10-10
Vaccine: influenza
Vaccination date: 2020-09-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 51000

AI-assisted case summary:
Jennifer Kane filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 4, 2020. The vaccine is listed on the Vaccine Injury Table, and Ms. Kane alleged she experienced residual effects of the condition for more than six months. Respondent denied that Ms. Kane sustained a Table injury or that the vaccine caused her alleged shoulder injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding Ms. Kane a lump sum of $51,000.00. This amount represents compensation for all damages available under the Vaccine Act. The decision was entered on October 10, 2024, following the stipulation filed on September 5, 2024. The petition was originally filed on February 16, 2021.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00930-0
Date issued/filed: 2024-10-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/06/2024) regarding 51 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00930-UNJ Document 55 Filed 10/10/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0930V
JENNIFER KANE, Chief Special Master Corcoran
Petitioner,
v. Filed: September 6, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 16, 2021, Jennifer Kane filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”). On September 4, 2020, Petitioner received an influenza (“flu”) vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a).
Petitioner alleges that she sustained a shoulder injury related to vaccine administration
(“SIRVA”) within the time period set forth in the Table following administration of the
vaccine. Petitioner further alleges that she experienced the residual effects of this
condition for more than six months.
Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the
vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that
Petitioner’s current condition is a sequela of a vaccine-related injury.
1Because 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.
2National 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-00930-UNJ Document 55 Filed 10/10/24 Page 2 of 7
Nevertheless, on September 5, 2024,the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $51,000.00 in the form of a check payable to Petitioner.
Stipulation at 2. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-00930-UNJ Document 55 Filed 10/10/24 Page 3 of 7
IN THE UNJTED STATES COURT OF FEDERAL CLAIMS
OF'FICI;: OF SPECIAL MASTERS
)
.JENNIFER KANE. )
)
Petitioner, )
) No. 2 l-930V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF Hl2ALTII AND )
HUMAN SERVICES. )
)
______Re_sp_ond_en_t. ______ )
)
STIPULATION
The parties hereby stipulclle to the following matters:
I . .Jennifer Kane ("petitioner"), filed a petition for vaccine compensation under the
Nntiorrnl Vnecinc Injury Compensation Progrnm, 42 U.S.C. § J00nn-10 to 34 (the "Vaccine
Progrnrn"), The petition seeks compensation for injuries allegedly related to petitioner's receipt
or nn innucnz.a ("flu") vaccine, which vaccine is contnined in the Vaccine Injury Table (the
"Table''), 42 C.F.R. § I 00.J(a).
2. Petitioner received n flu vaccine in her left deltoid 011 September 4, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vncci11e administrntion
("SIRVA'') from the flu vaccine. She further alleges (hat she experienced the residual cffeds of
this condition for more than six months.
5. Petitioner represents that there has been 110 prior avvard or settlement of a civil action
r
for damages on her behal as a rcsu It of her a I leged injury.

Case 1:21-vv-00930-UNJ Document 55 Filed 10/10/24 Page 4 of 7
6. Respondent denies that petitioner sustained a Table in_jury for SIR VA. denies that the
vaccine caused petitioner's alleged shoulder inju1y. or any other injury. and denies that her
current condition is a sequcla of a vaccine-relntecl injury.
7. Maintaining their above-stated positions. the parties nevertheless now agree that the
issues hctwccn them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofjuclg111c111 reflecting a decision consistent with
the terms of this Stipulntion. and artcr petitioner has filed ,111 election to receive compensation
pursmrnt to 42 U.S.C. § 300aa-2 I (a)(I ). the Secretary of I lealth nnd Human Services will issue
the following vaccine compensation payment:
A lump sum of$51,000.00 in the form ofa check payable to petitioner. This amount
represents compensation for all damages llrnt would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry ofj udgment 011 entitlement in this case, and af'ler
petitioner has filed both a proper and timely election to receive cornpensation pursuant to 42
U.S.C. § 300frn-2 I (a)( I), and an application. the parties will submit to further proceedings before
the special master to award reasonable allorncys· fees and costs incmrcd in proceeding upon this
petition.
10. Petitioner and her attorney represent that compcnsalion Lo be provided pursuant lo
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. ~ 300aa-I S(g). lo the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies. federal or
2

Case 1:21-vv-00930-UNJ Document 55 Filed 10/10/24 Page 5 of 7
Stale health benefits progrnms (other than Title XIX or the Social Security /\ct (42 U.S.C.
§ 1396 ct seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and nny amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l S(i). subject
to the availability or sufficient statutory funds.
12. The parties and their c1tlorncys further agree and stipulate that. cxc1.;pt for any c1wc1rcl
for attorney's fees and litigntion costs, and past unrcirnbursablc expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit or petitioner as contemplated by a
strict construction of42 U.S.C. § 300aa-lS(a) and (d), and subject to tile conditions of42 U.S.C.
§ 300aa-l S(g) and (h ).
13. In return for lhc payments described in pnragraphs 8 and 9. petitioner, in her
ind iviclua I cHpacity. and on helm Ir of her heirs, executors, adm in istrntors, successors or assigns.
docs forever irrevocably and unconditionally release. acquit and discharge the United States and
the Secretary of' I lea Ith and I luman Services from any and all actions or causes or action
(including agrce111cnts,juclgn1cnts, claims, damages, loss or·scrviccs, expenses and nil demands
or whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the Na(ionnl Vaccine Injury Compensation
Progrnm, 42 U.S.C. § 300aa-IO et seq., on account or. or in any way growing out or, nny and all
known or unknown. suspected or unsuspected persona I injuries lo or death or pct i ti oner resu It ing
from, or alleged lo have resulted from, the flu vaccination administered 011 September 4. 2020, as
identified in a petition for vaccine compensation riled 011 or about February I G, 2021, in the
United States Court of Federal Claims as petition No. 2 l-930V.
3

Case 1:21-vv-00930-UNJ Document 55 Filed 10/10/24 Page 6 of 7
14. If petitioner should die prior to entry orjudg111c11t, this agreement shall be voidable
upon proper notice to the Cour( 011 behalf of ei(her or both of the parties.
15. If the special master fails to issue a decision in complete co11for111ity wifh (he terms
or th is Stipulation or if' the Court of 1-'edera I Claims rails to enter judgment in con form ity with a
decision that is i11 co111plc(e conrormily with the terms of'this Stipulntion. then the pnrties·
settlement and this Stipulation shall be voidable al the sole discretion of either par(y.
16. This Stipulation expresses a full and complete negotinted settlement of lir1bility and
damages claimed under the National Childhood Vaccine Injury Act or 1986. as r11nc11decl. exeepl
as otherwise noted in paragraph 9 above. There is absolutely 110 :1grcc111enl 011 the parl or lhc
parties hereto lo make any payment or to do any act or thing other than is herein expressly s(cllecl
and clearly agreed to. The parties rurthcr agree and understand that the award described in this
Stipulation may rencct a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or co11clitio11 or in the
items of compensation sought, is not grouncb to modify or revise this agrcc111e111.
17. This Stipulr1tion shall not be construed as an admission by the United States or the
Secretary or Health nnd Hurnn11 Services that the flu vaccine caused petitioner's alleged sl1ouldcr
injury or any other injury or her current di:;abilities. or that petitioner suffered n11 injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally Lo pelitioner·s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:21-vv-00930-UNJ Document 55 Filed 10/10/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORJZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~
1e)fru£~
-~~ ~
EDWARD KRAUS
Kraus Law Group. LLC Deputy Director
111 W. Jackson Blvd Torts Branch
Suite 1700 Civil Division
Clticago, IL 60604 U.S. Department of Justice
(312) 858-2177 P.O. Box 146
ekraus@krauslawyers.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
effrey 5.
J Digitally signed by
Jeffrey S. Beach -S
Be ac h -S. Date: 2024.08.12
01:42:34-o4'oo' tor
CAPT GEORGE REED GRIMES, MD, MPH
Director, Division of Injury
Compensation Programs
Health Systems Bureau Civil Division
Health Resources and Services U. S. Department of Justice
Administration P.O. Box 146
U. S. Department of Health Benjamin Franklin Station
and Humans Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 616-4264
Rockville, MD 20857 meghan.r.murphy@usdoj.gov
/J-
5 4
Dated: /1 /
I I
5