In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1505V

UNPUBLISHED

JENNIFER KAPPRE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 19, 2021

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

On September 28, 2018, Jennifer Kappre filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

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(the 

“Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to vaccine 

administration (“SIRVA”) as a result of an influenza vaccination she received on October 

6, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office 

of Special Masters.

On December 3, 2019, a ruling on entitlement was issued, finding Petitioner 

entitled to compensation for SIRVA. On January 19, 2021, Respondent filed a proffer on 

award of compensation (“Proffer”) indicating Petitioner should be awarded $127,500.00.

Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
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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, I award Petitioner a lump 

sum payment of $127,500.00 in the form of a check payable to Petitioner. This 

amount represents compensation for all damages that would be available under § 15(a). 

The clerk of the 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.
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JENNIFER KAPPRE, 

 

 Petitioner, 

v. 

 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 

 Respondent. 

 No. 18-1505V 

 Chief Special Master Corcoran

 ECF 

PROFFER ON AWARD OF DAMAGES

On September 28, 2018, Jennifer Kappre (“petitioner”) filed a petition for compensation 

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -

34 (“Vaccine Act” or “Act”), as amended. Petitioner alleged that she suffered a Shoulder Injury 

Related to Vaccine Administration (“SIRVA”) following her receipt of an influenza vaccine on 

October 6, 2017. Respondent conceded petitioner’s entitlement to compensation in his Rule 4(c) 

Report filed on December 2, 2019. Based on Respondent’s Rule 4(c) Report the Court found 

petitioner entitled to compensation. 

I. Item of Compensation 

 Respondent proffers that petitioner should be awarded $127,500.00 in actual and 

projected pain and suffering. This amount reflects that any award for projected pain and 

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner 

agrees.

II. Form of the Award 

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $127,500.00, in the form of a check made payable to petitioner.
2 

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. 

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

Respectfully submitted, 

 

JEFFREY BOSSERT CLARK

 Acting Assistant Attorney General

 C. SALVATORE D’ALESSIO

 Acting Director

 Torts Branch, Civil Division 

 HEATHER L. PEARLMAN

Acting Deputy Director 

Torts Branch, Civil Division

 ALEXIS B. BABCOCK

 Assistant Director 

 Torts Branch, Civil Division 

 s/Jennifer L. Reynaud 

JENNIFER L. REYNAUD

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) 305-1586 

Date: January 19, 2021 

 

1

 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the 

Court for appropriate relief. In particular, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering.