VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00905
Package ID: USCOURTS-cofc-1_23-vv-00905
Petitioner: Gary Kafer
Filed: 2024-04-23
Decided: 2024-05-24
Vaccine: influenza
Vaccination date: 2021-09-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 62697

AI-assisted case summary:
Gary Kafer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on September 24, 2021. The respondent, the Secretary of Health and Human Services, conceded that Mr. Kafer is entitled to compensation. The respondent concluded that Mr. Kafer's alleged injury is consistent with SIRVA and that he satisfied all legal prerequisites for compensation. A ruling on entitlement was issued, finding Mr. Kafer entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent filed a proffer indicating that Mr. Kafer should be awarded $62,696.97, comprised of $62,500.00 for pain and suffering and $196.97 for past unreimbursable expenses. Mr. Kafer agreed with this proffered award. The court awarded Mr. Kafer the lump sum of $62,697.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00905-0
Date issued/filed: 2024-05-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/23/2024) 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-00905-UNJ Document 27 Filed 05/24/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-905V
GARY KAFER, Chief Special Master Corcoran
Petitioner, Filed: April 23, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 15, 2023, Gary Kafer 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 he suffered a shoulder injury related to vaccine administration
(“SIRVA”) as a result of an influenza vaccination received on September 24, 2021.
Petition at 1. Petitioner further alleges that the vaccine was administered within the United
States, that he suffered the residual effects of his injury for more than six months, and
that there has been no lawsuits or settlement or awards due to his injury. Petition at 1,
14. 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-00905-UNJ Document 27 Filed 05/24/24 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
Conceding Entitlement to Compensation at 1. Specifically, Respondent has concluded
that Petitioner’s alleged injury is consistent with a SIRVA. Id. at 5. Respondent further
agrees that Petitioner has satisfied all legal prerequisites for compensation under the
Vaccine 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-00905-1
Date issued/filed: 2024-05-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/23/2024) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00905-UNJ Document 28 Filed 05/24/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-905V
GARY KAFER, Chief Special Master Corcoran
Petitioner, Filed: April 23, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 15, 2023, Gary Kafer 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 he suffered a shoulder injury related to vaccine administration
(“SIRVA”) as a result of an influenza vaccination administered on September 24, 2021.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 23, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On April 22, 2024, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $62,696.97 (comprised
of $62,500.00 for pain and suffering and $196.97 for past unreimbursable expenses).
Respondent’s Rule 4(c) Report Conceding Entitlement to Compensation at 5-6. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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-00905-UNJ Document 28 Filed 05/24/24 Page 2 of 2
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 Proffer, I award Petitioner a lump sum
payment of $62,696.97 (comprised of $62,500.00 for pain and suffering and $196.97
for past unreimbursable expenses) 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