VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00244
Package ID: USCOURTS-cofc-1_23-vv-00244
Petitioner: Karol Schaeffer
Filed: 2023-02-21
Decided: 2024-03-28
Vaccine: influenza
Vaccination date: 2020-09-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Karol Schaeffer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 23, 2020, caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit. On January 26, 2024, the Respondent conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on the Respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Petitioner entitled to compensation. Subsequently, on March 28, 2024, a decision awarding damages was issued. The Respondent filed a proffer indicating that Petitioner should be awarded $70,000.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master awarded Karol Schaeffer a lump sum payment of $70,000.00 as compensation for all damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00244-0
Date issued/filed: 2024-02-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/26/2024) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00244-UNJ Document 25 Filed 02/26/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0244V
KAROL SCHAEFFER, Chief Special Master Corcoran
Petitioner, Filed: January 26, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 21, 2023, Karol Schaeffer 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”) vaccine that was administered
on September 23, 2020. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 26, 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 alleged injury is consistent
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-00244-UNJ Document 25 Filed 02/26/24 Page 2 of 2
with SIRVA as defined by the Vaccine Injury Table.” Id. at 6. Respondent further agrees
that that “[P]etitioner suffered the residual effects of her condition for more than six
months.” 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-00244-1
Date issued/filed: 2024-03-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/27/2024) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00244-UNJ Document 36 Filed 03/28/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0244V
KAROL SCHAEFFER, Chief Special Master Corcoran
Petitioner, Filed: February 27, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 21, 2023, Karol Schaeffer 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”) vaccine that was administered
on September 23, 2020. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On January 26, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On February 26, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00 (for pain
and suffering). Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees
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-00244-UNJ Document 36 Filed 03/28/24 Page 2 of 5
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 $70,000.00 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-00244-UNJ Document 36 Filed 03/28/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KAROL SCHAEFFER,
Petitioner,
Case No. 23-244V (SPU)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 21, 2023, Karol Schaeffer (“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 an influenza vaccine she received on September 23, 2020, caused her
to suffer a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the
Vaccine Injury Table. Petition at 1. On January 26, 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, ECF No. 21, and on January
26, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00244-UNJ Document 36 Filed 03/28/24 Page 4 of 5
This amount represents 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 a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $70,000.00, in the form of a
check payable to the petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to the petitioner, Karol Schaeffer: $70,000.00
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
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief.
2

Case 1:23-vv-00244-UNJ Document 36 Filed 03/28/24 Page 5 of 5
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ Ryan Pohlman Miller
RYAN POHLMAN MILLER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station Washington,
D.C. 20044-0146
(202)305-3027
Date: February 26, 2024 ryan.miller2@usdoj.gov
3