VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00794
Package ID: USCOURTS-cofc-1_22-vv-00794
Petitioner: Lesley Koski
Filed: 2022-07-21
Decided: 2025-06-04
Vaccine: influenza
Vaccination date: 2021-09-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 115050.01

AI-assisted case summary:
On July 21, 2022, Lesley Koski filed a petition alleging SIRVA after an influenza vaccination administered on September 27, 2021. Respondent conceded entitlement, and Chief Special Master Brian H. Corcoran granted entitlement on December 19, 2023. The public proffer record does not set out Ms. Koski’s full medical chronology beyond the Table SIRVA claim and the concession.

On June 4, 2025, respondent filed a proffer stating that Ms. Koski should receive $115,050.01. The award consisted of $115,000.00 for pain and suffering and $50.01 for past unreimbursed expenses. Ms. Koski agreed to the proffer, and the Special Master awarded the full amount as a lump sum through counsel.

Theory of causation field:
Adult petitioner; influenza vaccine September 27, 2021; Table SIRVA. COMPENSATED. Respondent conceded entitlement; public damages text lacks detailed clinical chronology. Entitlement December 19, 2023; damages June 4, 2025. Award $115,050.01 = $115,000.00 pain/suffering + $50.01 expenses. Chief SM Brian H. Corcoran. Petition filed July 21, 2022.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00794-0
Date issued/filed: 2024-01-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/19/2023) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00794-UNJ Document 32 Filed 01/19/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0794V
LESLEY KOSKI, Chief Special Master Corcoran
Petitioner, Filed: December 19, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 21, 2022, Lesley Koski 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”) following an influenza vaccination she received on September
27, 2021. Petition at 1. Petitioner further alleges that her SIRVA symptoms lasted longer
than six months. Petition at ¶21. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 11, 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 “Petitioner has concluded that
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-00794-UNJ Document 32 Filed 01/19/24 Page 2 of 2
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 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 5. Respondent further agrees that “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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_22-vv-00794-1
Date issued/filed: 2025-07-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/04/2025) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00794-UNJ Document 49 Filed 07/08/25 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0794V
LESLEY KOSKI, Chief Special Master Corcoran
Petitioner, Filed: June 4, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 21, 2022, Lesley Koski 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”) following an influenza vaccination she received on September
27, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 19, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On June 4, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $115,050.01,
comprised of $115,000.00 for pain and suffering and $50.01 for past unreimbursed
expenses. Proffer at 1. 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-00794-UNJ Document 49 Filed 07/08/25 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $115,050.01, comprised of $115,000.00 for pain and suffering and
$50.01 for past unreimbursed expenses, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement 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-00794-UNJ Document 49 Filed 07/08/25 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LESLEY KOSKI,
Petitioner,
No. 22-794(ECF)
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 21, 2022, Lesley Koski (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2018) (the
“Vaccine Act”). Petitioner alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine. ECF No. 1 (“Petition”).
On December 11, 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. ECF No. 28.
On December 19, 2023, the Chief Special Master issued a Ruling on Entitlement, finding
that petitioner is entitled to compensation. ECF No. 30. On the same date, the Chief Special
Master issued a damages order. ECF No. 31.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$115,050.01 in damages, consisting of $115,000.00 in pain and suffering damages and $50.01 in
unreimbursed expenses, which represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:22-vv-00794-UNJ Document 49 Filed 07/08/25 Page 4 of 4
II. Form of the Award
Petitioneris a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner 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 following: alump sum payment of $115,050.01 to be paid through
an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.1
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Naseem Kourosh
NASEEM KOUROSH
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 305-1159
Naseem.Kourosh@usdoj.gov
DATED: June 4, 2025
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 medical
expenses, future pain and suffering, and future lost wages.
2