VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00861
Package ID: USCOURTS-cofc-1_22-vv-00861
Petitioner: Kimberly W. Center
Filed: 2022-08-05
Decided: 2024-06-25
Vaccine: influenza
Vaccination date: 2020-09-30
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 51004

AI-assisted case summary:
Kimberly W. Center filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on September 30, 2020. She further alleged that her injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a Ruling on Entitlement finding Petitioner entitled to compensation. Subsequently, the parties filed a Proffer on Award of Compensation. The decision awarded Kimberly W. Center a lump sum of $50,000.00 for pain and suffering and an additional $1,004.92 to satisfy the State of Virginia Medicaid lien, for a total award of $51,004.92. These amounts represent compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00861-0
Date issued/filed: 2024-01-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/20/2023) regarding 31 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00861-UNJ Document 34 Filed 01/19/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-861V
KIMBERLY W. CENTER, Chief Special Master Corcoran
Petitioner, Filed: December 20, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Richard William Zahn, Jr., Joel Bieber Firm, Richmond, VA, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 5, 2022, Kimberly W. Center (“Petitioner”) 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 from a left
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an
influenza (“flu”) vaccination on September 30, 2020. Pet. at 1, ECF No. 1. Petitioner
further alleges that she suffered the residual effects of her injury for more than six months.
See id. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On December 19, 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)
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-00861-UNJ Document 34 Filed 01/19/24 Page 2 of 2
Report at 1, ECF No. 30. Specifically, Respondent stated that “[P]etitioner’s alleged injury
is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent
further agreed that “[P]etitioner has satisfied all legal prerequisites for compensation
under the Act.” Id. at 4-5.
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-00861-1
Date issued/filed: 2024-06-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/22/2024) regarding 44 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00861-UNJ Document 45 Filed 06/25/24 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-861V
KIMBERLY W. CENTER, Chief Special Master Corcoran
Petitioner, Filed: May 22, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Richard William Zahn, Jr., Joel Bieber Firm, Richmond, VA, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 5, 2022, Kimberly W. Center (“Petitioner”) 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 that she suffered from a left
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an
influenza (“flu”) vaccination on September 30, 2020. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 20, 2023, a Ruling on Entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On May 21, 2024, Respondent filed a Proffer on
award of compensation (“Proffer”). Respondent represented that Petitioner agrees with
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-00861-UNJ Document 45 Filed 06/25/24 Page 2 of 5
the proffered award. Id. at 1 – 2. 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:
A. A lump sum payment of $50,000.00 in the form of a check payable to
Petitioner.
B. A lump sum payment of $1,004.92, representing compensation for
satisfaction of the State of Virginia Medicaid lien, in the form of a check
payable jointly to Petitioner and the Treasurer of Virginia. Petitioner’s file
number, 202202132, should be noted on the check. The check should be
mailed to:
Assistant Attorney General John A. Myers, Jr.
202 N. 9th Street
Richmond, VA 23219
Petitioner agrees to endorse the check to the Treasurer of Virginia for
satisfaction of the Medicaid lien.
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.

Case 1:22-vv-00861-UNJ Document 45 Filed 06/25/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KIMBERLY CENTER,
Petitioner,
v. No. 22-861V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
On December 19, 2023, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. ECF No. 30.
Accordingly, on December 20, 2023 the Chief Special Master issued a Ruling on Entitlement.
ECF No. 31.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $50,000.00 for pain and suffering, in the form of a check payable to petitioner.
Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Virginia Medicaid lien in the amount of $1,004.92, which represents full satisfaction of any right
of subrogation, assignment, claim, lien, or cause of action the State of Virginia may have against
any individual as a result of any Medicaid payments the State of Virginia has made to or on

Case 1:22-vv-00861-UNJ Document 45 Filed 06/25/24 Page 4 of 5
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 September 30,
2020 under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made
through two lump sum payments described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following: 1
A. A lump sum payment of $50,000.00 in the form of a check payable to petitioner; and
B. A lump sum payment of $1,004.92, representing compensation for satisfaction of the
State of Virginia Medicaid lien, in the form of a check payable jointly to petitioner
and the Treasurer of Virginia. Petitioner’s file number, 202202132, should be noted
on the check. The check should be mailed to:
Assistant Attorney General John A. Myers, Jr.
202 N. 9th Street
Richmond, Virginia 23219
Petitioner agrees to endorse the check to the Treasurer of Virginia for satisfaction of the
Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
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

Case 1:22-vv-00861-UNJ Document 45 Filed 06/25/24 Page 5 of 5
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Katherine Edwards
KATHERINE EDWARDS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 742-6374
Katherine.Edwards2@usdoj.gov
Dated: May 21, 2024
3