VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00764
Package ID: USCOURTS-cofc-1_23-vv-00764
Petitioner: Kelly Jo Gutknecht
Filed: 2023-05-25
Decided: 2024-09-16
Vaccine: influenza
Vaccination date: 2021-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 93644

AI-assisted case summary:
Kelly Jo Gutknecht filed a petition for compensation under the National Vaccine Injury Compensation Program on May 25, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 4, 2021. This was alleged to be a Table injury. Respondent conceded entitlement to compensation, stating that Ms. Gutknecht met the criteria for a presumed SIRVA, including no prior history of shoulder issues, pain within 48 hours of vaccination, pain limited to the injection site shoulder, and no other identified condition explaining her symptoms. The statutory six-month sequela requirement was also met. A ruling on entitlement was issued on April 29, 2024, finding her entitled to compensation. Subsequently, on August 13, 2024, Respondent filed a proffer on award of compensation, which Petitioner agreed to. The court awarded a total of $93,644.13, comprising $90,000.00 for pain and suffering, $3,431.13 for past unreimbursable expenses, and $213.00 for past lost wages, as a lump sum payment to Petitioner.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_23-vv-00764-0
Date issued/filed: 2024-05-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/29/2024) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00764-UNJ Document 19 Filed 05/30/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-764V
KELLY JO GUTKNECHT, Chief Special Master Corcoran
Petitioner, Filed: April 29, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 25, 2023, Kelly Jo Gutknecht 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 she received
on October 4, 2021 (a “Table injury”). Petition at 1. Petitioner further alleges that she
received her vaccination in 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 ¶¶ 4, 16-17. 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-00764-UNJ Document 19 Filed 05/30/24 Page 2 of 2
On April 22, 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 states that
DICP [Division of Injury Compensation Programs, Department of Health
and Human Services] has reviewed the petition and medical records filed in
this case and has concluded that compensation is appropriate because
petitioner meets the criteria for a presumed SIRVA, as defined by the
Vaccine Injury Table. Specifically, petitioner had no known history of pain,
inflammation or dysfunction in her left shoulder; her pain occurred within
forty-eight hours of receipt of an intramuscular vaccination; her pain and
reduced range of motion were limited to the shoulder in which the vaccine
was administered; and no other condition or abnormality was identified to
explain her symptoms.
Id. at 5 (citing 42 C.F.R. § 100.3(a), (c)(10); 42 U.S.C. § 300aa-13(a)(1)(B)). Respondent
further agrees that “the statutory six month sequela requirement has been satisfied.” Id.
(citing 42 U.S.C. § 300aa-11(c)(D)(I)).
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_23-vv-00764-1
Date issued/filed: 2024-09-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/14/2024) regarding 22 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00764-UNJ Document 26 Filed 09/16/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-764V
KELLY JO GUTKNECHT, Chief Special Master Corcoran
Petitioner, Filed: August 14, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 25, 2023, Kelly Jo Gutknecht 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 she received on
October 4, 2021 (a “Table injury”). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 29, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 13, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $90,000.00 for pain and
suffering, $3,431.13 for past unreimbursable expenses, and $213.00 for past lost wages.
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-00764-UNJ Document 26 Filed 09/16/24 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 $93,644.13 (representing $90,000.00 for pain and suffering,
$3,431.13 for past unreimbursable expenses, and $213.00 for past lost wages) 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-00764-UNJ Document 26 Filed 09/16/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
KELLY JO GUTKNECHT, *
*
Petitioner, * No. 23-764V
* Chief Special Master Corcoran
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 25, 2023, Kelly Jo Gutknecht (“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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine she received on October 4, 2021. Petition at 1. On April 22, 2024,
respondent file 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 April 29, 2021, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation, ECF Nos. 16, 17.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00764-UNJ Document 26 Filed 09/16/24 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 $3,431.13. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Past Wage Loss
Evidence supplied by petitioner documents that she incurred past lost wages related to
her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages
in the amount of $213.00. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
These amounts represent 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 following: a lump sum payment of $93,644.13, in the form of
a check payable to petitioner.1
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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,
unreimbursed expenses, future lost earnings, and future pain and suffering.
2

Case 1:23-vv-00764-UNJ Document 26 Filed 09/16/24 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: August 13, 2024 debra.begley@usdoj.gov
3