VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00466
Package ID: USCOURTS-cofc-1_25-vv-00466
Petitioner: Kathleen A. Hamil
Filed: 2025-03-13
Decided: 2025-11-04
Vaccine: influenza
Vaccination date: 2023-04-15
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 97158.13

AI-assisted case summary:
On March 13, 2025, Kathleen A. Hamil filed a petition alleging that an influenza vaccine administered on April 15, 2023 caused a right shoulder injury related to vaccine administration. The damages proffer identifies her as a competent adult but does not state her exact age.

Respondent conceded entitlement after DICP reviewed the petition and medical records. The concession stated that Ms. Hamil had no prior right-shoulder pain, inflammation, or dysfunction; that pain occurred within 48 hours of vaccination; that pain and reduced range of motion were limited to the vaccinated shoulder; that no other condition explained the pain; and that the residual effects lasted more than six months.

Chief Special Master Corcoran found entitlement on August 29, 2025. On November 4, 2025, he awarded $97,158.13: $95,000.00 for actual pain and suffering and $2,158.13 for past unreimbursable expenses, payable through counsel's IOLTA account.

Theory of causation field:
Influenza vaccine April 15, 2023 causing right Table SIRVA in competent adult petitioner. COMPENSATED. Respondent conceded no prior right shoulder symptoms, pain within 48 hours, pain/reduced ROM limited to vaccinated shoulder, no alternative cause, and severity beyond six months. Entitlement August 29, 2025; damages November 4, 2025. Award $97,158.13 ($95,000 pain/suffering + $2,158.13 expenses). Petition filed March 13, 2025. Attorney Dennis W. Potts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00466-0
Date issued/filed: 2025-09-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/29/2025) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:25-vv-00466-UNJ Document 21 Filed 09/29/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-466V
KATHLEEN A. HAMIL, Chief Special Master Corcoran
Petitioner, Filed: August 29, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Dennis W. Potts, Dennis W. Potts, Honolulu, HI, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 13, 2025, Kathleen A. Hamil 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 as a result of an
influenza (“flu”) vaccination she received on April 15, 2023. See Petition. Petitioner further
alleges that she received the vaccination in the United States and that she suffered the
residual effects of her injury for more than six months. See Petition at 1, ¶ 26. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On August 28, 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 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-00466-UNJ Document 21 Filed 09/29/25 Page 2 of 2
1. Specifically, Respondent states that the Division of Injury Compensation Programs
(“DICP”), Department of Health and Human Services
has reviewed the petition and medical records filed in this case and has
concluded that compensation is appropriate. DICP has concluded that
petitioner’s alleged injury is consistent with SIRVA [or a shoulder injury
related to vaccine administration] as defined by the Vaccine Injury Table.
Specifically, petitioner had no history of pain, inflammation, or dysfunction
of her right shoulder prior to vaccination; pain occurred within forty-eight
hours after receipt of an intramuscular vaccination; pain and reduced ROM
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 9 (citing 42 C.F.R. §§ 100.3(a), (c)(10). Respondent further agrees that “[P]etitioner
suffered the residual effects of her condition for more than six months. Therefore, based
on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. (citing §§ 11(c)(1)(D)(i), 13(a)(1)(B))
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-00466-1
Date issued/filed: 2025-12-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/04/2025) regarding 23 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:25-vv-00466-UNJ Document 26 Filed 12/05/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-466V
KATHLEEN A. HAMIL, Chief Special Master Corcoran
Petitioner, Filed: November 4, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Dennis W Potts, Dennis W. Potts, Honolulu, HI, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 13, 2025, Kathleen A. Hamil 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 as a result of an
influenza (“flu”) vaccination she received on April 15, 2023. See Petition. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On August 29, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On October 29, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $95,000.00 in actual
pain and suffering and $2,158.13 in past unreimbursable expenses. 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 1:25-vv-00466-UNJ Document 26 Filed 12/05/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $97,158.13 (representing compensation for pain and suffering
($95,000.00) and past unreimbursable expenses ($2,158.13)), 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 1:25-vv-00466-UNJ Document 26 Filed 12/05/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHLEEN A. HAMIL,
Petitioner,
v. No. 25-466V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 13, 2025, Kathleen A. Hamil (“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, 42 C.F.R. § 100.3, as the
result of an influenza (“flu”) vaccination she received on April 15, 2023. Petition at 1. On
August 28, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report recommending that compensation be awarded for a SIRVA, and the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation on August 29, 2025.
ECF No. 16; ECF No. 17.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $95,000.00 in actual pain and
suffering. Petitioner agrees.

Case 1:25-vv-00466-UNJ Document 26 Filed 12/05/25 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 $2,158.13. 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 $97,158.13, representing
compensation for pain and suffering ($95,000.00) and past unreimbursable expenses ($2,158.13),
to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt
disbursement to petitioner, Kathleen A. Hamil.
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 1:25-vv-00466-UNJ Document 26 Filed 12/05/25 Page 5 of 5
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
SARAH C. DUNCAN
Senior 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) 514-9729
Email: sarah.c.duncan@usdoj.gov
DATED: October 29, 2025
3