VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00644
Package ID: USCOURTS-cofc-1_24-vv-00644
Petitioner: Pamela Kahn
Filed: 2024-04-23
Decided: 2025-03-17
Vaccine: Tdap
Vaccination date: 2021-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52602

AI-assisted case summary:
Pamela Kahn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following a Tdap and pneumococcal conjugate vaccine on October 14, 2021. She claimed the injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Kahn is entitled to compensation. The respondent concluded that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that all other legal requirements for compensation had been met. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Kahn entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed, and Ms. Kahn agreed, to an award of $52,602.10, which included $50,000.00 for pain and suffering and $2,602.10 for past unreimbursable expenses. The court awarded this lump sum amount to Ms. Kahn.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00644-0
Date issued/filed: 2025-03-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/10/2025) regarding 22 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00644-UNJ Document 29 Filed 03/14/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-644V
PAMELA KAHN, Chief Special Master Corcoran
Petitioner, Filed: February 10, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 23, 2024, Pamela Kahn 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 Injury” consisting of a
shoulder injury related to vaccine administration (“SIRVA”) following a tetanus, diphtheria
and pertussis (“Tdap”) vaccination and a pneumococcal conjugate vaccine received on
October 14, 2021. Petition at 1. Petitioner further alleges 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. Petition at 11. 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-00644-UNJ Document 29 Filed 03/14/25 Page 2 of 2
On January 6, 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 Petitioner’s injury is consistent with a
SIRVA as defined by the Vaccine Injury table. Id. at 6. Respondent further agrees that
Petitioner has suffered the sequela of her injury for more than six months and all other
legal requirements have been met 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_24-vv-00644-1
Date issued/filed: 2025-03-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/14/2025) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00644-UNJ Document 30 Filed 03/17/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-644V
PAMELA KAHN, Chief Special Master Corcoran
Petitioner, Filed: February 14, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 23, 2025, Pamela Kahn 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”) following tetanus, diphtheria, and acellular pertussis (Tdap) and
pneumococcal conjugate vaccines administered on October 14, 2021. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 10, 2025, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On February 11, 2025, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $52,602.10
(consisting of $50,000.00 for pain and suffering and $2,602.10 for past unreimbursable
expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-00644-UNJ Document 30 Filed 03/17/25 Page 2 of 5
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 $52,602.10 (consisting of $50,000.00 for pain and suffering and
$2,602.10 for past unreimbursable expenses), 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-00644-UNJ Document 30 Filed 03/17/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PAMELA KAHN,
Petitioner,
No. 24-644V (ECF)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 23, 2024, Pamela Kahn (“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”). Petitioner alleged that she suffered a shoulder injury related to vaccine administration
(“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as the result of tetanus,
diphtheria, and acellular pertussis (“Tdap”) and pneumococcal conjugate (“Prevnar 13”)
vaccinations received on October 14, 2021. Petition at 1.
On February 10, 2025, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 22.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00644-UNJ Document 30 Filed 03/17/25 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 $2,602.10. See 42 U.S.C. § 300aa-
15(a)(1)(B). 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 $52,602.10 to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Pamela Kahn: $52,602.10
Respectfully submitted,
BRETT A. SHUMATE
Acting 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 lost earnings
and future pain and suffering.
2

Case 1:24-vv-00644-UNJ Document 30 Filed 03/17/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Alec Saxe
ALEC SAXE
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) 353-7722
E-mail: Alec.Saxe@usdoj.gov
DATED: February 11, 2025
3