VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00752
Package ID: USCOURTS-cofc-1_22-vv-00752
Petitioner: Kerry Ann Fletcher
Filed: 2022-07-11
Decided: 2024-01-04
Vaccine: SIRVA
Vaccination date: 2020-12-07
Condition: bilateral shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 78579

AI-assisted case summary:
Kerry Ann Fletcher filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a bilateral shoulder injury related to vaccine administration (SIRVA) from a pneumococcal conjugate vaccine in her left arm and a tetanus diphtheria acellular pertussis (Tdap) vaccine in her right arm, both received on December 7, 2020. The respondent conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, pain occurred within 48 hours of vaccination, and the pain was limited to the injection sites. The respondent also agreed that her symptoms persisted for more than six months and that she met all legal prerequisites for compensation. A ruling on entitlement was issued on September 26, 2023, finding her entitled to compensation. Subsequently, on December 1, 2023, the respondent filed a proffer recommending an award of $73,000.00 for pain and suffering, plus funds to satisfy a Medicaid lien. Petitioner agreed with this proposed award. The decision awarding damages, dated January 4, 2024, granted a lump sum payment of $73,000.00 for pain and suffering and an additional $5,579.35 to satisfy the Medicaid lien, for a total award of $78,579.35.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00752-0
Date issued/filed: 2023-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/26/2023) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00752-UNJ Document 24 Filed 10/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0752V
KERRY ANN FLETCHER, Chief Special Master Corcoran
Petitioner, Filed: September 26, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 11, 2022, Kerry Ann Fletcher 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 bilateral shoulder injury related to
vaccine administration (“SIRVA”) resulting from a pneumococcal conjugate vaccine
received in her left arm on December 7, 2020 and a tetanus diphtheria acellular pertussis
(“Tdap”) vaccine received in her right arm on December 7, 2020. Petition at 1. Petitioner
further alleges that the vaccines were received in the United States, her SIRVA symptoms
in both shoulders persisted for more than six months, and neither Petitioner, nor any other
party, has ever filed an action, or received compensation in the form of an award or
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-00752-UNJ Document 24 Filed 10/27/23 Page 2 of 2
settlement, for her vaccine-related injury. Petition at ¶¶ 1, 11-13. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On September 25, 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 agrees that “petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history
of pain, inflammation, or dysfunction in either shoulder prior to vaccination; pain occurred
within 48 hours after receipt of an intramuscular vaccination; pain was limited to the
shoulders in which the vaccines were administered; and no other condition or abnormality
has been identified to explain petitioner’s shoulder pain.” Id. at 5. Respondent further
agrees that “based on the medical records outlined [in the Rule 4(c) Report], petitioner
suffered the residual effects of her condition for more than six months . . . [and] 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_22-vv-00752-1
Date issued/filed: 2024-01-04
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/04/2023) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00752-UNJ Document 27 Filed 01/04/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0752V
KERRY ANN FLETCHER, Chief Special Master Corcoran
Petitioner, Filed: December 4, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 11, 2022, Kerry Ann Fletcher 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 bilateral shoulder injury related to
vaccine administration (“SIRVA”) resulting from a pneumococcal conjugate vaccine
received in her left arm on December 7, 2020 and a tetanus diphtheria acellular pertussis
(“Tdap”) vaccine received in her right arm on December 7, 2020. Petition at 1. Petitioner
further alleges that the vaccines were received in the United States, her SIRVA symptoms
in both shoulders persisted for more than six months, and neither Petitioner, nor any other
party, has ever filed an action, or received compensation in the form of an award or
settlement, for her vaccine-related injury. Petition at ¶¶ 1, 11-13. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
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-00752-UNJ Document 27 Filed 01/04/24 Page 2 of 5
On September 26, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 1, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $73,000.00, in
addition to funds to satisfy a Medicaid lien. Proffer 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 the
following:
A. A lump sum payment of $73,000.00 (in pain and suffering) in the form of a
check payable to Petitioner; and
B. A lump sum payment of $5,579.35, representing compensation for
satisfaction of the Equian LLC Medicaid lien, in the form of a check payable
jointly to Petitioner and Equian LLC.
Petitioner agrees to endorse the check to Equian LLC for satisfaction of the Medicaid
lien and mail it to the following address:
EQUIAN, LLC
Patient’s Name: Kerry Ann Fletcher
Event Number: 14322776-1466531
P.O. Box 34060
Louisville, KY 40232-4060
These amounts represent 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-00752-UNJ Document 27 Filed 01/04/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
KERRY ANN FLETCHER, )
)
Petitioner, )
) No. 22-752V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 11, 2022, Kerry Ann Fletcher (“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 Table shoulder injury related to vaccine
administration (“SIRVA”) as the result of a pneumococcal conjugate (“PCV”) and tetanus-
diphtheria-pertussis (“Tdap”) vaccinations received on December 7, 2020. Petition at 1. On
September 25, 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 Table SIRVA, and the next day, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 20; ECF No. 21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $73,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:22-vv-00752-UNJ Document 27 Filed 01/04/24 Page 4 of 5
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the Equian LLC
Medicaid lien in the amount of $5,579.35, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action Equian LLC may have against any
individual as a result of any Medicaid payments Equian LLC has made to or on behalf of
petitioner from the date of her eligibility for benefits through the date of judgment in this case as
a result of her alleged vaccine-related injury suffered on or about December 7, 2020, under Title
XIX of the Social Security Act. 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
two lump sum payments as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1:
A. A lump sum payment of $73,000.00, in the form of a check payable to petitioner; and
B. A lump sum payment of $5,579.35, representing compensation for satisfaction of the
Equian LLC, in the form of a check payable jointly to petitioner and Equian LLC.
Petitioner agrees to endorse the check to Equian LLC for satisfaction of the Medicaid lien
and mail it to the following address:
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-00752-UNJ Document 27 Filed 01/04/24 Page 5 of 5
EQUIAN, LLC
Patient’s Name: Kerry Ann Fletcher
Event Number: 14322776-1466531
P. O. Box 34060
Louisville, Kentucky 40232-4060
III. Summary of Recommended Payments Following Judgment
A. Lump sum payable to petitioner, Kerry Ann Fletcher: $73,000.00
B. Lump sum payable jointly to petitioner and Equian LLC: $5,579.35
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
s/ Steven C. Santayana _____
STEVEN C. SANTAYANA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 451-7675
steven.c.santayana@usdoj.gov
Dated: November 30, 2023
3