VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00196
Package ID: USCOURTS-cofc-1_23-vv-00196
Petitioner: Ann Tonjes
Filed: 2023-02-10
Decided: 2024-03-25
Vaccine: influenza
Vaccination date: 2021-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80443

AI-assisted case summary:
Ann Tonjes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on October 4, 2021. She stated the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement. The respondent conceded that her injury was consistent with SIRVA, noting she had no prior shoulder issues, pain occurred within 48 hours of vaccination, the pain was limited to the injection site, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months and met the legal requirements for compensation. A ruling on entitlement was issued on January 30, 2024, finding her entitled to compensation. Subsequently, on February 22, 2024, the respondent filed a proffer recommending an award of $75,000.00 for pain and suffering damages and $5,443.46 for past unreimbursable expenses, which the petitioner agreed to. The Chief Special Master awarded a total lump sum of $80,443.46.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00196-0
Date issued/filed: 2024-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/30/2024) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00196-UNJ Document 33 Filed 03/01/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-196V
ANN TONJES, Chief Special Master Corcoran
Petitioner, Filed: January 30, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Kristina Kay Green, Schwartz Jambois, Chicago, IL, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 10, 2023, Ann Tonjes 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”) as a result of the of an influenza (“flu”) vaccination on October
4, 2021. Petition at 1. Petitioner further alleges the vaccine was administered within the
United States, that she suffered the residual effects of her injury for more than six months,
and that there has been no prior award or settlement of a civil action on her behalf as a
result of her injury. See Petition at ¶¶ 2, 34-36. 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-00196-UNJ Document 33 Filed 03/01/24 Page 2 of 2
On January 24, 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 indicates that he
has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, [P]etitioner 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 [P]etitioner’s
shoulder pain.
Id. at 4 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that “based on
the medical records outlined above, [P]etitioner suffered the residual effects of her
condition for more than six months” and otherwise established the legal requirements for
compensation. 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_23-vv-00196-1
Date issued/filed: 2024-03-25
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/23/2024) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00196-UNJ Document 36 Filed 03/25/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-196V
ANN TONJES, Chief Special Master Corcoran
Petitioner, Filed: February 23, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Kristina Kay Green, Schwartz Jambois, Chicago, IL, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 10, 2023, Ann Tonjes 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”) as a result of an influenza (“flu”) vaccination on October 4, 2021.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 30, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On February 22, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $75,000.00 in pain
and suffering damages, and past unreimbursable expenses in the amount of $5,443.46.
Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the
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-00196-UNJ Document 36 Filed 03/25/24 Page 2 of 5
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 $80,443.46 (representing 75,000.00 in pain and suffering damages,
and past unreimbursable expenses in the amount of $5,443.46) 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-00196-UNJ Document 36 Filed 03/25/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANN TONJES,
Petitioner, No. 23-196V (ECF)
Chief Special Master Corcoran
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 10, 2023, Ann Tonjes (“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 left shoulder injury related to vaccine administration
(“SIRVA”), as the result of an influenza (“flu”) vaccination administered on October 4, 2021.
Petition, ECF No. 1, at 1.
On January 24, 2024, 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 January 30, 2024, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 23, 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering
damages. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00196-UNJ Document 36 Filed 03/25/24 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 $5,443.46. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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 following:1 a lump sum payment of $80,443.46, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Ann Tonjes: $80,443.46
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
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 1:23-vv-00196-UNJ Document 36 Filed 03/25/24 Page 5 of 5
s/Sarah B. Rifkin
SARAH B. RIFKIN
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) 305-5997
Sarah.Rifkin@usdoj.gov
Dated: February 22, 2024
3