VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00768
Package ID: USCOURTS-cofc-1_23-vv-00768
Petitioner: Chantel Gissentanner
Filed: 2023-05-25
Decided: 2025-04-11
Vaccine: influenza
Vaccination date: 2020-10-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52500

AI-assisted case summary:
Chantel Gissentanner filed a petition for compensation under the National Vaccine Injury Compensation Program on May 25, 2023. She alleged that she suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 12, 2020. The respondent conceded that her injury was consistent with SIRVA, noting that she had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also confirmed that her condition had residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Chantel Gissentanner entitled to compensation. Subsequently, on April 11, 2025, a decision awarding damages was issued. The respondent proffered an award of $52,500.00 for pain and suffering, which Chantel Gissentanner agreed to. The court awarded this lump sum payment to compensate for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00768-0
Date issued/filed: 2024-10-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/11/2024) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00768-UNJ Document 25 Filed 10/15/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-768V
CHANTEL GISSENTANNER, Chief Special Master Corcoran
Petitioner, Filed: September 11, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 25, 2023, Chantel Gissentanner 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 Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received
on October 12, 2020. Petition at 1. Petitioner further alleges she received the vaccine 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, 32-33. 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-00768-UNJ Document 25 Filed 10/15/24 Page 2 of 2
On September 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 states that
DICP [the Division of Injury Compensation Programs, Department of Health
and Human Services] has concluded that petitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table. Specifically,
petitioner had no history of pain, inflammation, or dysfunction of her left
shoulder prior to vaccination; pain occurred within forty-eight hours after
receipt of an intramuscular vaccination; pain and reduced range of motion
was limited to the shoulder in which the vaccine was administered; and no
other condition or abnormality has been identified to explain petitioner’s
shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the
medical records outlined above, petitioner suffered the residual effects of
her condition for more than six months. Therefore, based on the record as
it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C.
§ 300aa-11(c)(1)(D)(i).
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

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00768-1
Date issued/filed: 2025-04-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/07/2025) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00768-UNJ Document 36 Filed 04/11/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-768V
CHANTEL GISSENTANNER, Chief Special Master Corcoran
Petitioner, Filed: March 7, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 25, 2023, Chantel Gissentanner 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 Table shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received
on October 12, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On September 11, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 3, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $52,500.00,
for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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-00768-UNJ Document 36 Filed 04/11/25 Page 2 of 5
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 $52,500.00 (representing pain and suffering), to be paid through
an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement
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-00768-UNJ Document 36 Filed 04/11/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CHANTEL GISSENTANNER, )
)
Petitioner, )
) No. 23-0768V
v. ) Chief Special Master Corcoran (SPU)
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On May 25, 2023, Chantel Gissentanner (“petitioner”) filed a petition for compensation
(“petition”) 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 12, 2020. Petition at 1. On September 9, 2024,
respondent filed a Vaccine Rule 4(c) report, indicating that this case is appropriate for
compensation under the terms of the Act for a SIRVA Table injury, and the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 21, 22.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $52,500.00, for pain and suffering. This amount represents all elements of
compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:23-vv-00768-UNJ Document 36 Filed 04/11/25 Page 4 of 5
III. Form of the Award
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 of $52,500.00 to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.1 Petitioner agrees.
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
Civil Division
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
1 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-00768-UNJ Document 36 Filed 04/11/25 Page 5 of 5
s/ Kimberly S. Davey
KIMBERLY S. DAVEY
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) 307-1815
DATED: March 3, 2025 Email: Kimberly.Davey@usdoj.gov
3