VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00903 Package ID: USCOURTS-cofc-1_24-vv-00903 Petitioner: Kendra Nounou Filed: 2024-06-12 Decided: 2025-10-07 Vaccine: influenza Vaccination date: 2022-09-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 184267.58 AI-assisted case summary: On June 12, 2024, Kendra Nounou filed a petition alleging that an influenza vaccine administered on September 27, 2022 caused a shoulder injury related to vaccine administration. Respondent conceded that the claim satisfied the Table SIRVA criteria, including no prior shoulder problems, pain within 48 hours, symptoms limited to the injection-site shoulder, no other explanation for the pain, and residual effects lasting more than six months. Chief Special Master Brian H. Corcoran granted entitlement on March 7, 2025. The public entitlement ruling and damages proffer do not provide a detailed treatment chronology, but they establish a conceded Table SIRVA and a damages record supporting pain and suffering, expenses, and wage loss. On October 7, 2025, respondent filed a proffer with Ms. Nounou's agreement. Chief Special Master Corcoran awarded $184,267.58 as a lump sum: $108,000.00 for pain and suffering, $683.58 for past unreimbursable expenses, and $75,584.00 for lost wages. The award represents all damages available under Section 15(a). Theory of causation field: Influenza vaccine, September 27, 2022, alleged SIRVA. COMPENSATED. Respondent conceded Table SIRVA: no prior shoulder issues, onset within 48 hours, pain/reduced ROM limited to injection-site shoulder, no alternative cause, and severity. Entitlement March 7, 2025. Award October 7, 2025: $184,267.58 ($108,000 pain/suffering + $683.58 past unreimbursable expenses + $75,584 lost wages). Chief Special Master Corcoran; respondent Alyssa M. Petroff. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00903-0 Date issued/filed: 2025-04-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/07/2025) regarding 22 Ruling on Entitlement. (Signed by Chief Special Master Brian H. Corcoran). (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00903-UNJ Document 24 Filed 04/07/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-903V KENDRA NOUNOU, Chief Special Master Corcoran Petitioner, Filed: March 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alyssa M. Petroff, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 12, 2024, Kendra Nounou 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 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 an influenza (“flu”) vaccination received on September 27, 2022. 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. See Petition at ¶¶ 11-13. 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-00903-UNJ Document 24 Filed 04/07/25 Page 2 of 2 On February 18, 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 states that the Division of Injury Compensation Programs, Department of Health and Human Services has concluded that petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, 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 was 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. 42 C.F.R. §§ 100.3(a)(XIV)(B), (c)(10). Additionally, based on the medical records outlined above, petitioner suffered the residual effects of her condition for more than six months. Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa- 11(c)(1)(D)(i). Id. at 6. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00903-1 Date issued/filed: 2025-11-12 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/07/2025) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00903-UNJ Document 36 Filed 11/12/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-903V KENDRA NOUNOU, Chief Special Master Corcoran Petitioner, Filed: October 7, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alyssa M. Petroff, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 12, 2024, Kendra Nounou 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 an influenza (“flu”) vaccine received on September 27, 2022. Petition at ¶¶ 1, 2, 15. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 7, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On October 7, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $184,267.58 ($108,000.00 for pain and suffering, $683.58 for past unreimbursable expenses, and $75,584.00 for 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. 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-00903-UNJ Document 36 Filed 11/12/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $184,267.58, 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-00903-UNJ Document 36 Filed 11/12/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KENDRA NOUNOU, Petitioner, No. 24-0903V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On June 12, 2024, Kendra Nounou (“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 Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza vaccine received on September 27, 2022. Petition at 1. On February 18, 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 March 7, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 20; ECF No. 22. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $108,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:24-vv-00903-UNJ Document 36 Filed 11/12/25 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 $683.58. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that she incurred lost wages related to her vaccine-related injury. Respondent proffers that petitioner should be awarded lost wages in the amount of $75,584.00. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be 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 following: A lump sum payment of $184,267.58 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. 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 2 Case 1:24-vv-00903-UNJ Document 36 Filed 11/12/25 Page 5 of 5 COLLEEN HARTLEY Assistant Director Torts Branch, Civil Division /s/ Alyssa M. Petroff ALYSSA M. PETROFF 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) 307-3852 Fax: (202) 616-4310 Email: Alyssa.Petroff2@usdoj.gov Date: October 7, 2025 3