VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01197
Package ID: USCOURTS-cofc-1_21-vv-01197
Petitioner: Kimberly Benz
Filed: 2021-04-13
Decided: 2023-11-06
Vaccine: influenza
Vaccination date: 2020-10-02
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 128527

AI-assisted case summary:
Kimberly Benz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on October 2, 2020. The respondent conceded that Ms. Benz is entitled to compensation, agreeing that her injury satisfied the criteria set forth in the Vaccine Injury Table for SIRVA. The respondent confirmed that Ms. Benz had no prior history of shoulder issues, that her pain onset was within 48 hours of vaccination, that her symptoms were limited to the vaccinated shoulder, and that no other condition explained her symptoms. The case proceeded as a Table injury claim, and entitlement was granted on May 26, 2023. As the parties could not resolve damages informally, a hearing was held on October 6, 2023. Ms. Benz sought $130,000 for pain and suffering, while the respondent recommended $85,000. The parties agreed on $527.72 for unreimbursed expenses. The Chief Special Master awarded Ms. Benz a total of $128,527.72, comprising $128,000.00 for pain and suffering and $527.72 for unreimbursed expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01197-0
Date issued/filed: 2023-06-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/26/2023) regarding 35 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01197-UNJ Document 38 Filed 06/29/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1197V
UNPUBLISHED
KIMBERLY BENZ, Chief Special Master Corcoran
Petitioner, Filed: May 26, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Gary A Butler, Massa Butler Giglione, Pittsburgh, PA, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 13, 2021, Kimberly Benz 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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on October
2, 2020. See Petition at ¶¶ 3, 25. Petitioner further alleges the vaccine was administered
within the United States, 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 Petition at ¶¶ 4, 26-28. 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-01197-UNJ Document 38 Filed 06/29/23 Page 2 of 2
On May 12, 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
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services, have reviewed the petition and
medical records filed in the case. It is respondent’s position that petitioner
has satisfied the criteria set forth in the Table, including
the Qualifications and Aids to Interpretation for SIRVA. 42 C.F.R. §§
100.3(a)(XIV)(B), 100.3(c)(10). Specifically, petitioner had no apparent
history of pain, inflammation, or dysfunction of the affected shoulder prior to
the vaccination that would explain the alleged signs, symptoms,
examination findings, and/or diagnostic studies occurring after vaccination;
petitioner more likely than not suffered the onset of pain within 48 hours of
vaccination; petitioner’s pain and reduced ROM were limited to the shoulder
in which the vaccine was administered; and no other condition or
abnormality has been identified that would explain petitioner’s symptoms.
42 C.F.R. § 100.3(a), (c)(10); see also 42 U.S.C. § 300aa-13(a)(1)(B).
Petitioner is therefore entitled to a presumption of vaccine causation. See
42 U.S.C. § 300aa-11(c)(1)(C)(i).
Id. at 6-7. Respondent further agrees that
[w]ith respect to other statutory issues, the records show that the case was
timely filed, 42 U.S.C. § 300aa-16(a)(2); that petitioner received the flu
vaccine in the United States, 42 U.S.C. § 300aa-11(c)(1)(B)(i)(I); that the flu
vaccine that petitioner received is set forth in the Table, 42 C.F.R. §
100.3(a)(I)-(II); see also 42 U.S.C. § 300aa-14(c); that petitioner’s injury
lasted for more than six months, 42 U.S.C. § 300aa-11(c)(1)(D)(i); and that
petitioner has not filed a prior action or received any prior compensation or
award for an injury related to this vaccine. 42 U.S.C. § 300aa-11(c)(1)(E).
Therefore, based on the record as it now stands, petitioner has satisfied all
legal prerequisites for compensation under the Vaccine Act.
Id. at 7.
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-01197-1
Date issued/filed: 2023-11-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/06/2023) regarding 44 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-01197-UNJ Document 50 Filed 11/06/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1197V
KIMBERLY BENZ, Chief Special Master Corcoran
Petitioner, Filed: October 6, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Robert Fitzgerald, Massa Butler Giglione, Pittsburgh, PA, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 13, 2021, Kimberly Benz 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 alleged she suffered a Table injury – Shoulder Injury Related to
Vaccine Administration (SIRVA) – as a result of an influneza vaccine received on October
2, 2020. See Petition at ¶¶ 3, 25. The case was assigned to the Special Processing Unit
of the Office of Special Masters. On May 26, 2023, a ruling on entitlement was issued,
finding Petitioner entitled to compensation for SIRVA. ECF No. 35. Because the parties
could not informally resolve the issue of damages, they filed briefs setting forth their
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-01197-UNJ Document 50 Filed 11/06/23 Page 2 of 2
respective arguments and were notified that I would resolve this dispute via an expedited
“Motions Day” hearing, which took place on October 6, 2023.
Petitioner seeks an award of $130,000.00 in compensation for Petitioner’s actual
pain and suffering. Respondent recommends an award of $85,000.00. (The parties
agreed, however, that Petitioner should be awarded $527.72 for Petitioner’s
unreimbursed expenses).
After listening to the arguments of both sides, I issued an oral ruling on damages
constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A),
at the conclusion of the hearing. An official recording of the proceeding was taken by a
court reporter, although a transcript has not yet been filed in this matter. I hereby fully
adopt and incorporate that oral ruling as officially recorded. In another recent decision I
discussed at length the legal standard to be considered in determining damages and prior
SIRVA compensation within SPU. I fully adopt and hereby incorporate my prior discussion
in Sections I and II of McKenna v. Sec'y of Health & Hum. Servs., No. 21-0030V, 2023
WL 5045121, at *1-3 (Fed. Cl. July 7, 2023). Additionally, the official recording of my oral
ruling includes my discussion of various comparable cases as well as specific facts
relating to Petitioner’s medical history and experience that further informed my damages
determination.
Based on my consideration of the complete record as a whole and for the reasons
discussed at the Motions Day argument, pursuant to Section 12(d)(3)(A) I find that
$128,000.00 represents a fair and appropriate amount of compensation for
Petitioner’s actual pain and suffering.3 Accordingly, I award a lump sum payment of
$128,527.72 (representing $128,000.00 for pain and suffering, and $527.72 for
unreimbursed 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 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
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