VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00616 Package ID: USCOURTS-cofc-1_24-vv-00616 Petitioner: Kent A. Stensrud Filed: 2025-01-13 Decided: 2025-06-30 Vaccine: Tdap Vaccination date: 2022-06-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 72380 AI-assisted case summary: Kent A. Stensrud filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2024. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA), a defined Table injury, after receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on June 23, 2022. Mr. Stensrud alleged that he received the vaccine within the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for his injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 13, 2025, conceding that Mr. Stensrud's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 13, 2025, finding Mr. Stensrud entitled to compensation. Subsequently, on May 27, 2025, the respondent filed a proffer on award of compensation. The proffer indicated that Mr. Stensrud should be awarded a total of $72,380.30, which included $70,000.00 for pain and suffering, $1,025.96 for past unreimbursable expenses, and $1,354.34 for past lost wages. The proffer stated that Mr. Stensrud agreed with this proffered award. Chief Special Master Corcoran issued a decision on June 30, 2025, awarding Mr. Stensrud a lump sum payment of $72,380.30, to be paid through an ACH deposit to his counsel's IOLTA account for prompt disbursement. This award represented compensation for all damages available under Section 15(a) of the Act. Petitioner was represented by Timothy James Lessman of Knutson & Casey Law Firm, and respondent was represented by Theodore Van Beek and later Katherine Edwards of the U.S. Department of Justice. Theory of causation field: Petitioner Kent A. Stensrud alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a Tdap vaccine on June 23, 2022. SIRVA is a defined Table injury. The respondent conceded that the injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on January 13, 2025, finding petitioner entitled to compensation. On May 27, 2025, a proffer on award of compensation was filed, agreeing to a total award of $72,380.30, comprising $70,000.00 for pain and suffering, $1,025.96 for past unreimbursable expenses, and $1,354.34 for past lost wages. Chief Special Master Brian H. Corcoran issued the decision awarding damages on June 30, 2025. Petitioner was represented by Timothy James Lessman and respondent by Theodore Van Beek and Katherine Edwards. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00616-0 Date issued/filed: 2025-02-25 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/13/2025) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00616-UNJ Document 27 Filed 02/25/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0616V KENT A. STENSRUD, Chief Special Master Corcoran Petitioner, Filed: January 13, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner. Theodore Van Beek, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 19, 2024, Kent A. Stensrud 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”), a defined Table injury, which in the alternative as caused-in- fact injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on June 23, 2022. Petition at 1, ¶¶ 4, 13. Petitioner further alleges that he received the vaccine within the United States, that he suffered the residual effects of his SIRVA injury for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his SIRVA. Id. at ¶¶ 4, 15-16. 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 1:24-vv-00616-UNJ Document 27 Filed 02/25/25 Page 2 of 2 On January 13, 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. Specifically, Respondent “has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that based on the record as it now stands, [P]etitioner 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00616-1 Date issued/filed: 2025-06-30 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 05/27/2025) regarding 32 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00616-UNJ Document 38 Filed 06/30/25 Page 1 of 5 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0616V KENT A. STENSRUD, Chief Special Master Corcoran Petitioner, Filed: May 27, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Timothy James Lessman, Knutson & Casey Law Firm, Mankato, MN, for Petitioner. Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 19, 2024, Kent A. Stensrud 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”), a defined Table injury, which in the alternative as caused-in- fact injury, after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on June 23, 2022. Petition at 1, ¶¶ 4, 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 13, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his SIRVA. On May 27, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $72,380.30, representing $70,000.00 for pain and suffering, $1,025.96 for past unreimbursable 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 1:24-vv-00616-UNJ Document 38 Filed 06/30/25 Page 2 of 5 expenses, and $1,354.34 for past lost wages. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner 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 $72,380.30, representing $70,000.00 for pain and suffering, $1,025.96 for actual unreimbursable expenses, and $1,354.34 for actual lost wages, 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 1:24-vv-00616-UNJ Document 38 Filed 06/30/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KENT STENSRUD, Petitioner, v. No. 24-616V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On April 19, 2024, Kent Stensrud (“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 he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of a tetanus, diphtheria, and acellular pertussis (“TDaP”) vaccination received on June 23, 2022. Petition at 1. On January 13, 2025, 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; the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation the same day. ECF No. 21; ECF No. 22. 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 1:24-vv-00616-UNJ Document 38 Filed 06/30/25 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,025.96. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that he incurred past lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $1,354.34. 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 following1: a lump sum payment of $72,380.30, through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. 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 1:24-vv-00616-UNJ Document 38 Filed 06/30/25 Page 5 of 5 Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA M. COLLISON Assistant Director Torts Branch, Civil Division /s/ Katherine Edwards KATHERINE EDWARDS 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) 742-6374 Katherine.Edwards2@usdoj.gov Dated: May 27, 2025 3