VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00433
Package ID: USCOURTS-cofc-1_25-vv-00433
Petitioner: Kim Herb
Filed: 2025-03-05
Decided: 2026-03-09
Vaccine: influenza
Vaccination date: 2023-10-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 57610

AI-assisted case summary:
On March 5, 2025, Kim Herb filed a petition alleging that an influenza vaccination administered on October 30, 2023 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement in a Rule 4(c) report, and Chief Special Master Brian H. Corcoran found entitlement on October 2, 2025.

The public damages proffer identifies Ms. Herb as a competent adult but does not include a detailed treatment chronology. Respondent proffered $57,500.00 for pain and suffering and $110.00 for past unreimbursed expenses.

On March 9, 2026, Chief Special Master Corcoran awarded $57,610.00, payable through counsel's IOLTA account for prompt disbursement to Ms. Herb.

Theory of causation field:
Influenza vaccine on October 30, 2023, causing Table SIRVA; COMPENSATED. Respondent conceded entitlement. Award $57,610 ($57,500 pain/suffering + $110 unreimbursed expenses). Chief SM Brian H. Corcoran; petition filed March 5, 2025; entitlement October 2, 2025; damages March 9, 2026. Exact age not stated; competent adult.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00433-0
Date issued/filed: 2025-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/02/2025) regarding 16 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:25-vv-00433-UNJ Document 19 Filed 11/03/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0433V
KIM HERB, Chief Special Master Corcoran
Petitioner,
v. Filed: October 2, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 5, 2025, Kim Herb filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine
Act”), alleging 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 vaccination received on October 30, 2023. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On September 26, 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. Id. at 5 (citing 42 C.F.R. §§ 100.3(a),
(c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for
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 1:25-vv-00433-UNJ Document 19 Filed 11/03/25 Page 2 of 2
compensation under the Vaccine Act. Id. (citing Section 13(a)(1)(B); Section
11(c)(1)(D)(i)).
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_25-vv-00433-1
Date issued/filed: 2026-04-08
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 03/09/2026) regarding 25 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:25-vv-00433-UNJ Document 29 Filed 04/08/26 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0433V
KIM HERB, Chief Special Master Corcoran
Petitioner,
v. Filed: March 9, 2026
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On March 5, 2025, Kim Herb filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine
Act”), alleging 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 vaccination received on October 30, 2023. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On October 2, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On March 6, 2026, Respondent filed a Proffer on an award
of compensation (“Proffer”). Respondent represented that Petitioner agrees with the
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 1:25-vv-00433-UNJ Document 29 Filed 04/08/26 Page 2 of 6
proffered award. Id. at 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 attached proffer, Petitioner is awarded a lump
sum of $57,610.00 (representing $57,500.00 for pain and suffering, and $110.00 for
past unreimbursable expenses) to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. Proffer at 2. This
amount represents compensation for all damages that would be available under Section
15(a). Id. at 2.
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 1:25-vv-00433-UNJ Document 29 Filed 04/08/26 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KIM HERB,
Petitioner,
v. No. 25-433V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 5, 2025, Kim Herb (“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 30, 2023. Petition at 1. On September 26, 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
October 2, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 15; ECF No. 16.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:25-vv-00433-UNJ Document 29 Filed 04/08/26 Page 4 of 6
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 $110.00. 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 of $57,610.00 to be paid through an ACH deposit to petitioner’s counsel’s
IOLTA account for prompt disbursement to petitioner.1 This lump sum payment represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
JONATHAN D. GUYNN
Acting 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 1:25-vv-00433-UNJ Document 29 Filed 04/08/26 Page 5 of 6
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Michael S. Bliley
MICHAEL S. BLILEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4357
Michael.Bliley@usdoj.gov
Date: March 6, 2026
3

Case 1:25-vv-00433-UNJ Document 29 Filed 04/08/26 Page 6 of 6
CERTIFICATE OF SERVICE
I certify that today, March 6, 2026, a copy of the foregoing pleading will be served by
electronic mail to Bridget McCullough, counsel for petitioner, at bridget@mullerbrazil.com.
/s/ Michael S. Bliley
MICHAEL S. BLILEY
4