VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00796
Package ID: USCOURTS-cofc-1_24-vv-00796
Petitioner: Kelsey Leeman
Filed: 2024-05-23
Decided: 2025-08-11
Vaccine: influenza
Vaccination date: 2022-10-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 82234.33

AI-assisted case summary:
On May 23, 2024, Kelsey Leeman filed a petition, corrected on June 3, 2024, alleging that an influenza vaccination administered on October 15, 2022 caused a shoulder injury related to vaccine administration. She alleged that the residual effects lasted more than six months.

Respondent conceded entitlement. The Rule 4(c) report stated that Ms. Leeman had no prior shoulder pain, that pain began within 48 hours after vaccination, that the pain and reduced range of motion were limited to the vaccinated shoulder, and that no other condition explained the pain. Chief Special Master Brian H. Corcoran entered entitlement on January 16, 2025.

After respondent filed a damages proffer, the Special Master awarded $82,234.33 on August 11, 2025. The award consisted of $75,000 for pain and suffering and $7,234.33 for past unreimbursable expenses, payable by ACH deposit to counsel's IOLTA account. Ms. Leeman was represented by Renee J. Gentry.

Theory of causation field:
Influenza vaccine on October 15, 2022, adult exact age not stated, causing Table SIRVA. COMPENSATED. Respondent conceded no prior shoulder condition, onset within 48 hours, pain and reduced ROM limited to the vaccinated shoulder, no other explanatory condition, and residual effects over six months. Award $82,234.33: $75,000 pain and suffering plus $7,234.33 past unreimbursable expenses. Chief Special Master Corcoran, entitlement January 16, 2025, damages August 11, 2025. Attorney: Renee J. Gentry.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00796-0
Date issued/filed: 2025-02-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/16/2025) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00796-UNJ Document 23 Filed 02/21/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0796V
KELSEY LEEMAN, Chief Special Master Corcoran
Petitioner, Filed: January 16, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Renee J. Gentry, The Law Office of Renee J. Gentry, Washington, DC, for Petitioner.
Crystal Fialkowski, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 23, 2024, Kelsey Leeman filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), which she corrected on June 3, 2024. Petitioner alleges that she suffered
a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza
(“flu”) vaccine received on October 15, 2022. Petition at 1. Petitioner further alleges that
the flu vaccine was administered in the United States, her injury persisted 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 Petitioner’s vaccine-related injury. Petition at
¶¶ 4, 26, 27. 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-00796-UNJ Document 23 Filed 02/21/25 Page 2 of 2
On January 14, 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 agrees that Petitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table in that “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 [were] 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.” Id. at
7. Respondent further agrees that the records demonstrate that Petitioner suffered the
residual effects of her condition for more than six months and 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_24-vv-00796-1
Date issued/filed: 2025-09-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/11/2025) regarding 33 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00796-UNJ Document 37 Filed 09/17/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0796V
KELSEY LEEMAN, Chief Special Master Corcoran
Petitioner, Filed: August 11, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Renee J. Gentry, The Law Office of Renee J. Gentry, Washington, DC, for Petitioner.
Crystal Fialkowski, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 23, 2024, Kelsey Leeman filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”), which she corrected on June 3, 2024. Petitioner alleges that she suffered
a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza
(“flu”) vaccine received on October 15, 2022. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On January 16, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On August 11, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $82,234.33. Proffer at
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.
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-00796-UNJ Document 37 Filed 09/17/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $82,234.33 (comprised of $75,000.00 for pain and suffering and
$7,234.33 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-00796-UNJ Document 37 Filed 09/17/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KELSEY LEEMAN, )
)
Petitioner, )
) No. 24-0796V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 23, 2024, Kelsey Leeman (“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 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 15, 2022. Petition at 1, 4. On January 14, 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, and on
January 16, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 17; ECF No. 19.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00796-UNJ Document 37 Filed 09/17/25 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 $7,234.33. 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 $82,234.33, to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner. Petitioner agrees.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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-00796-UNJ Document 37 Filed 09/17/25 Page 5 of 5
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
/s/ Crystal Fialkowski
CRYSTAL FIALKOWSKI
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) 307-0786
Crystal.Fialkowski@usdoj.gov
Date: August 11, 2025
3