VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00865
Package ID: USCOURTS-cofc-1_23-vv-00865
Petitioner: Kristen McKiernan
Filed: 2025-01-08
Decided: 2025-05-20
Vaccine: influenza
Vaccination date: 2021-02-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52500

AI-assisted case summary:
Kristen McKiernan 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 receiving influenza and/or Tdap vaccinations on February 10, 2021. She further alleged that the sequelae of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a Ruling on Entitlement, finding Petitioner entitled to compensation. Subsequently, the parties agreed to a proffer on an award of compensation. The Chief Special Master issued a Decision on Damages, awarding Kristen McKiernan a lump sum of $52,500.00 for pain and suffering. This amount is intended to cover all damages available under Section 15(a) of the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00865-0
Date issued/filed: 2025-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/08/2025) regarding 33 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00865-UNJ Document 43 Filed 05/19/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-865V
KRISTEN MCKIERNAN, Chief Special Master Corcoran
Petitioner, Filed: January 8, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 9, 2023, Kristen McKiernan (“Petitioner”) 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of receiving influenza (“flu”) and/or tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccinations on February 10, 2021. Pet., ECF No.
1. Petitioner further alleges that she suffered the residual effects of her injury for more
than six months. Id. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On January 8, 2025, 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 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-00865-UNJ Document 43 Filed 05/19/25 Page 2 of 2
1, ECF No. 32. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent
agrees that Petitioner “has satisfied all legal prerequisites for compensation under the
Act.” 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-00865-1
Date issued/filed: 2025-05-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/08/2025) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00865-UNJ Document 44 Filed 05/20/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-865V
KRISTEN MCKIERNAN, Chief Special Master Corcoran
Petitioner,
v. Filed: January 8, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On June 9, 2023, Petitioner 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 influenza (“flu”) and/or tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccinations administered to her on February 10, 2021. Pet., ECF No.
1. Petitioner further alleges that the vaccine was received in the United States, she
suffered sequela of her injury for more than six months, and neither Petitioner nor any
other party has ever received compensation in the form of an award or settlement for her
vaccine-related injury. Id. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
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 (2012).

Case 1:23-vv-00865-UNJ Document 44 Filed 05/20/25 Page 2 of 2
On January 8, 2025, Respondent filed a combined Rule 4(c) Report and Proffer in
which he concedes that Petitioner is entitled to compensation in this case. Respondent’s
Rule 4(c) Report and Proffer, ECF No. 32. That same day, I issued a Ruling on
Entitlement. ECF No. 33.
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Respondent’s Rule 4(c) Report and Proffer at 4. 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 combined Rule 4(c) Report and Proffer,3 I
award the following compensation:
A lump sum of $52,500.00 (for pain and suffering) to be paid through an ACH
deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal
medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto.
4 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