VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00007
Package ID: USCOURTS-cofc-1_23-vv-00007
Petitioner: Diane Kudalis
Filed: 2023-01-05
Decided: 2024-03-04
Vaccine: influenza
Vaccination date: 2020-09-28
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70908

AI-assisted case summary:
Diane Kudalis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 28, 2020. She stated that this was a defined Table injury lasting more than six months. The respondent, the Secretary of Health and Human Services, conceded that Petitioner's claim met the Table criteria for SIRVA in his Rule 4(c) report. Following this concession, a ruling on entitlement was issued on January 9, 2024, finding Petitioner entitled to compensation. Subsequently, on January 30, 2024, the parties submitted a proffer on award of compensation. The respondent proffered that Petitioner should be awarded $70,000.00 for pain and suffering and $908.69 for past out-of-pocket expenses, totaling $70,908.69. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $70,908.69, representing compensation for pain and suffering and actual unreimbursable expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00007-0
Date issued/filed: 2024-02-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/09/2024) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00007-UNJ Document 28 Filed 02/09/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0007V
DIANE KUDALIS, Chief Special Master Corcoran
Petitioner, Filed: January 9, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Heather Varney Menezes, Shaheen & Gordon, P.A., Manchester, NH, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 5, 2023, Diane Kudalis 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 left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury lasting more than six months, after
receiving an influenza (“flu”) vaccine on September 28, 2020. Petition at 1, ¶¶ 3, 22.
Petitioner further alleges she received the vaccine within the United States, that she
suffered the residual effects of her injury for more than six months and that neither she
nor any other party has filed a civil action or received compensation for her injury. Petition
at ¶¶ 3, 22-24. 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 1:23-vv-00007-UNJ Document 28 Filed 02/09/24 Page 2 of 2
On January 9, 2024, 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 has “concluded that [P]etitioner’s claim meets the Table
criteria for SIRVA”. 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_23-vv-00007-1
Date issued/filed: 2024-03-04
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/30/2024 ) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00007-UNJ Document 29 Filed 03/04/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0007V
DIANE KUDALIS, Chief Special Master Corcoran
Petitioner, Filed: January 30, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Heather Varney Menezes, Shaheen & Gordon, P.A., Manchester, NH, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 5, 2023, Diane Kudalis 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 left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury lasting more than six months, after
receiving an influenza (“flu”) vaccine on September 28, 2020. Petition at 1, ¶¶ 3, 22. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 9, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On January 30, 2024, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $70,908.69,
representing compensation in the amounts of $70,000.00 for pain and suffering and
$908.69 for past out-of-pocket expenses. Proffer at 1-2. In the Proffer, Respondent
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 1:23-vv-00007-UNJ Document 29 Filed 03/04/24 Page 2 of 5
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 a lump
sum payment of $70,908.69, representing compensation in the amounts of
$70,000.00 for pain and suffering and $908.69 for actual 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 1:23-vv-00007-UNJ Document 29 Filed 03/04/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DIANE KUDALIS,
Petitioner,
No. 23-7V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 4, 2023, Diane Kudalis (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended.
Petitioner alleges that she received an influenza vaccination on September 28, 2020, and
thereafter suffered from a left shoulder injury related to vaccine administration (“SIRVA”). See
Petition at 1-2. The Secretary of Health and Human Services (“respondent”) conceded
entitlement in his Rule 4(c) Report on January 9, 2024. ECF No. 18. The Chief Special Master
issued a Ruling on Entitlement the same day and found that petitioner was entitled to
compensation for a SIRVA Table injury. ECF No. 19. Pursuant to the Court’s Damages Order,
also issued on January 9, 2024 (ECF No. 20), the parties submit the following proffer.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:23-vv-00007-UNJ Document 29 Filed 03/04/24 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$70,000.00 for pain and suffering and $908.69 for documented past out-of-pocket expenses.
These amounts represent all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.
III. 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 following: a lump sum payment of $70,908.69 in the form
of a check payable to petitioner.2 Petitioner agrees.
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:23-vv-00007-UNJ Document 29 Filed 03/04/24 Page 5 of 5
s/Katherine C. Esposito
Katherine C. Esposito
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) 305-3774
katherine.esposito@usdoj.gov
Dated: January 30, 2024
3