VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00385
Package ID: USCOURTS-cofc-1_22-vv-00385
Petitioner: Katelin Whiddon
Filed: 2022-04-04
Decided: 2023-11-06
Vaccine: influenza
Vaccination date: 2020-09-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 108892

AI-assisted case summary:
Katelin Whiddon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 18, 2020. She further alleged that her symptoms persisted for more than six months. The respondent conceded that Petitioner is entitled to compensation, stating that she had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that her condition had residual effects for more than six months, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on September 11, 2023, finding Petitioner entitled to compensation. Subsequently, on November 6, 2023, a decision awarding damages was issued. The parties stipulated to an award of $108,892.93, which included $107,500.00 for pain and suffering and $1,392.93 for past unreimbursable expenses. This amount was awarded as a lump sum payment to Katelin Whiddon.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00385-0
Date issued/filed: 2023-10-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/11/2023) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00385-UNJ Document 35 Filed 10/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0385V
KATELIN WHIDDON,
Chief Special Master Corcoran
Petitioner,
v.
Filed: September 11, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 4, 2022, Katelin Whiddon 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 Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received on September 18, 2020. Petition at 1. Petitioner further alleges that her
symptoms have continued for more than six months. Petition at 17. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 10, 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 states that “[s]pecifically, petitioner had no history
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 1:22-vv-00385-UNJ Document 35 Filed 10/13/23 Page 2 of 2
of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred
within 48 hours after receipt of an intramuscular vaccination; pain was limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
has been identified to explain petitioner’s shoulder pain.” Id. at 4-5. Respondent further
agrees that “petitioner suffered the residual effects of her condition for more than six
months”… and therefore, “based on the record as it now stands, petitioner 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_22-vv-00385-1
Date issued/filed: 2023-11-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/02/2023 ) regarding 28 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00385-UNJ Document 36 Filed 11/06/23 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0385V
KATELIN WHIDDON,
Chief Special Master Corcoran
Petitioner,
v.
Filed: October 2, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 4, 2022, Katelin Whiddon 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 Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination she
received on September 18, 2020. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 11, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation. On September 29, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded a total of
$108,892.93, consisting of $107,500.00, in pain and suffering, and $1,392.93 in past
unreimbursable expenses. Proffer at 1-2. 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.
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 1:22-vv-00385-UNJ Document 36 Filed 11/06/23 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $108,892.93 (consisting of $107,500.00 in pain and suffering, and
$1,392.93 in past 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.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 1:22-vv-00385-UNJ Document 36 Filed 11/06/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATELIN WHIDDON,
Petitioner,
No. 22-385V
ECF
v.
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 4, 2022, Katelin Whiddon (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (the
“Vaccine Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she received an influenza
(“flu”) vaccination on September 18, 2020, and thereafter suffered from a left shoulder injury
related to vaccine administration (“SIRVA”). Petition at 1.
On September 10, 2023, the Secretary of Health and Human Services (“respondent”)
filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms
of the Act for a SIRVA Table injury, and on the following day, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 24; ECF No. 25.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $107,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00385-UNJ Document 36 Filed 11/06/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,392.93. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $108,892.93, in the form of
a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Katelin Whiddon: $108,892.93
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy 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 lost earnings
and future pain and suffering.
2

Case 1:22-vv-00385-UNJ Document 36 Filed 11/06/23 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
Julia M. Collison
Assistant Director
Torts Branch, Civil Division
/s/CAMILLE J. WEBSTER
CAMILLE J. WEBSTER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station Washington, D.C. 20044-0146
Direct dial: (202) 307-3241
Email: Camille.Webster@usdoj.gov
Dated: September 29, 2023
3