MCKENNA v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1021V
Filed: December 2, 2025
KEVIN MCKENNA,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Special Master Horner
Michael Thomas Ratton, Ratton Law Group, PC, Detroit, MI, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On July 28, 2017, Kevin McKenna filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2
(“Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) and amputation of his left arm as a result of a tetanus,
diphtheria, and pertussis (“Tdap”) vaccine received on September 16, 2015. (ECF No.
1.)
On October 1, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for achiness, cellulitis in his left upper extremity, necrotizing fasciitis,
and left arm and shoulder amputation. (ECF No. 46.) On November 26, 2025,
respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner
should be awarded all items of compensation set forth in respondent’s life care plan and
illustrated by the chart attached as Appendix A. (ECF No. 152.) In the Proffer,
respondent represented that petitioner agrees with the proffered award. (Id.) Based on
1 Because this document 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 document 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.
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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:
1) A lump sum payment of $1,601,158.58, representing compensation for life
care expenses expected to be incurred during the first year after judgment
($16,804.86), lost earnings ($1,278,545.00), pain and suffering ($250,000.00),
and past unreimbursable expenses ($55,808.72), in the form of an ACH
deposit to petitioner’s counsel’s IOLTA account for prompt disbursement
to petitioner, Kevin McKenna; and
2) An amount sufficient to purchase the annuity contract described in section
II.B. of the Proffer.
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/Daniel T. Horner
Daniel T. Horner
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.
Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 2 of 12

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KEVIN MCKENNA,
Petitioner,
v.
SECRETARY OF HEALTH AND HUMAN
SERVICES,
Respondent.
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No. 17-1021V
Special Master Horner
ECF
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 28, 2017, Kevin McKenna (“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”), as amended, alleging that he suffered a “shoulder injury related to vaccine
administration resulting in the amputation of his left arm” that was caused by a tetanus,
diphtheria, acellular pertussis (“Tdap”) vaccine administered on September 15, 2015. Petition at
1. On October 1, 2018, the Secretary of Health and Human Services (“respondent”) filed his
Rule 4(c) Report conceding that petitioner met the statutory requirements for compensation.
ECF No. 45. On that same day, the Court issued a decision finding that petitioner entitled to
compensation for his injuries following his September 15, 2015 Tdap vaccine. ECF No. 46.
I. 	Items of Compensation
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLCP, and
petitioner engaged Lynne Trautwein, MSN, RN, CCM, CMAC, CNLCP, Consulting, LLC, to
provide an estimation of petitioner’s future vaccine-injury related needs. For the purposes of this
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proffer, the term “vaccine related” is as described in the respondent’s Rule 4(c) Report. ECF No.
45 at 6. All items of compensation identified in respondent’s life care plan are supported by the
evidence, and are illustrated by the chart entitled Appendix A: Items of Compensation for Kevin
McKenna, attached hereto as Tab A. Respondent proffers that petitioner should be awarded all
items of compensation set forth in respondent’s life care plan and illustrated by the chart attached
at Tab A.1 Petitioner agrees.
B. Lost Earnings
Petitioner has suffered past loss of earnings and will suffer future loss of earnings as a
result of his vaccine-related injury. Therefore, respondent proffers that petitioner should be
awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A).
Respondent proffers that the appropriate award for Kevin McKenna’s past and future lost
earnings is $1,278,545.00. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $250,000.00 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.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past unreimbursable
expenses for his vaccine-related injury. Respondent proffers that petitioner should be awarded
past unreimbursable expenses in the amount of $55,808.72. Petitioner agrees.
1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The annual
benefit years run from the date of judgment up to the first anniversary of the date of judgment,
and every year thereafter up to the anniversary of the date of judgment.
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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
The parties recommend that the compensation provided to petitioner should be made
through a combination of lump sum payments and future annuity payments as described below,
and request that the Special Master’s decision and the Court’s judgment award the following:2
A. A lump sum payment of $1,601,158.58, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($16,804.86), lost earnings
($1,278,545.00), pain and suffering ($250,000.00), and past unreimbursable expenses
($55,808.72), in the form of an ACH deposit to petitioner’s counsel’s IOLTA account for prompt
disbursement to petitioner, Kevin McKenna.
B. An amount sufficient to purchase an annuity contract,3 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
2 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 medical
expenses, future lost earnings, and future pain and suffering.
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one
or more life insurance companies.
The parties further agree that the annuity payments cannot be assigned, accelerated, deferred,
increased, or decreased by the parties and that no part of any annuity payments called for herein,
nor any assets of the United States or the annuity company, are subject to execution or any legal
process for any obligation in any manner. Petitioner and petitioner’s heirs, executors,
administrators, successors, and assigns do hereby agree that they have no power or right to sell,
assign, mortgage, encumber, or anticipate said annuity payments, or any part thereof, by
assignment or otherwise, and further agree that they will not sell, assign, mortgage, encumber, or
anticipate said annuity payments, or any part thereof, by assignment or otherwise.
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as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 from
which the annuity will be purchased.5 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner,
Kevin McKenna, only so long as petitioner is alive at the time a particular payment is due. At
the Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly,
quarterly, annual, or other installments. The “annual amounts” set forth in the chart at Tab A
describe only the total yearly sum to be paid to petitioner and do not require that the payment be
made in one annual installment.
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all non-
medical life care items, and a five percent (5%) growth rate should be applied to all medical life
care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
4 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus,
exclusive of any mandatory security valuation reserve. The Life Insurance Company must have
one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
5 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case
consistent with the Privacy Act and the routine uses described in the National Vaccine Injury
Compensation Program System of Records, No. 09-15-0056.
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judgment for non-medical items, and five percent (5%) compounded annually from the date of
judgment for medical items. Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as he, Kevin McKenna, is alive at the time that a particular payment is
due. Written notice shall be provided to the Secretary of Health and Human Services and the
Life Insurance Company within twenty (20) days of Kevin McKenna’s death.
3. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner, Kevin McKenna: $1,601,158.58.
B. An amount sufficient to purchase the annuity contract described
above in section II.B.
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
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
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/s/ Debra A. Filteau Begley
DEBRA A. FILTEAU BEGLEY
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) 616-4181
Email: debra.begley@usdoj.gov
Dated: November 26, 2025
Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 8 of 12

Appendix A: Items of Compensation for Kevin McKenna 	Page 1 of 4
ITEMS OF COMPENSATION 	G.R. 	* 	M
Lump Sum
Compensation
Year 1
Compensation
Year 2
Compensation
Year 3
Compensation
Years 4-25
Compensation
Year 26
Compensation
Years 27-30
Compensation
Years 31-32
2025 	2026 	2027 	2028-2049 	2050 	2051-2054 	2055-2056
Medicare Part B Premium 	5% 	M 	2,220.00 	2,220.00 	2,220.00 	2,220.00
Medicare Part B Deductible 	5% 	257.00 	257.00 	257.00 	257.00 	257.00 	257.00 	257.00
Medigap 	5% 	M 	3,688.44 	3,688.44 	3,688.44 	3,688.44 	3,688.44 	3,688.44 	3,688.44
Medicare Part D 	5% 	M 	1,666.80 	1,666.80 	1,666.80 	1,666.80 	1,666.80 	1,666.80 	1,666.80
Primary Care Physician 	5% 	*
Physiatry 	5% 	*
Prosthetist 	5% 	*
Psychiatry 	5% 	*
Psychologist 	5% 	*
Plastic Surgeon 	5% 	*
Orthopedic Surgeon 	5% 	*
Functional Restoration Program 	5% 	*
Diagnostic Studies 	5% 	*
Chiropractor 	4% 	*
Mileage: Primary Care Physician 	4% 	21.70 	21.70 	21.70 	21.70 	21.70 	21.70 	21.70
Mileage: Physiatry 	4% 	56.00 	56.00 	56.00 	56.00 	56.00 	56.00 	56.00
Mileage: Prosthetist 	4% 	147.00 	147.00 	147.00 	147.00 	147.00 	147.00 	147.00
Mileage: Psychiatry 	4% 	56.00 	28.00 	28.00 	28.00 	28.00 	28.00 	28.00
Mileage: Psychologist 	4% 	67.20 	22.40 	22.40 	22.40 	22.40 	22.40 	22.40
Mileage: Chiropractor 	4% 	134.40 	134.40 	134.40 	134.40 	134.40 	134.40 	134.40
Cymbalta 	5% 	*
Gabapentin 	5% 	*
Celebrex 	5% 	*
Cyclobenzaprine 	5% 	*
Magnesium 	4% 	70.08 	70.08 	70.08 	70.08 	70.08 	70.08 	70.08
Xanax 	5% 	*
Cerave Moisturizing Lotion 	4% 	144.00 	144.00 	144.00 	144.00 	144.00 	144.00 	144.00
Biofreeze 	4% 	198.24 	198.24 	198.24 	198.24 	198.24 	198.24 	198.24
Physical Therapy Evaluation 	4% 	*
Physical Therapy 	4% 	*
Occupational Therapy Evaluation 	4% 	*
Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 9 of 12

Appendix A: Items of Compensation for Kevin McKenna 	Page 2 of 4
ITEMS OF COMPENSATION 	G.R. 	* 	M
Lump Sum
Compensation
Year 1
Compensation
Year 2
Compensation
Year 3
Compensation
Years 4-25
Compensation
Year 26
Compensation
Years 27-30
Compensation
Years 31-32
2025 	2026 	2027 	2028-2049 	2050 	2051-2054 	2055-2056
Occupational Therapy 	4% 	*
Shoulder Cap 	4% 	*
Shower Chair 	4% 	60.00 	12.00 	12.00 	12.00 	12.00 	12.00 	12.00
Activities of Daily Living (ADLs) 	4% 	500.00 	200.00 	200.00 	200.00 	200.00 	200.00 	200.00
Hand Held Shower 	4% 	35.00 	7.00 	7.00 	7.00 	7.00 	7.00 	7.00
Portable Grab Bars 	4% 	23.00 	2.30 	2.30 	2.30 	2.30 	2.30 	2.30
Automatic Soap Dispenser 	4% 	106.00
One Shoulder Back Pack 	4% 	60.00 	12.00 	12.00 	12.00 	12.00
Gym/Work Out Equipment 	4% 	500.00 	200.00 	40.00 	40.00 	40.00 	40.00 	40.00
Clothing Allowance 	4% 	400.00 	200.00 	66.67 	66.67 	66.67 	66.67 	66.67
Batteries 	4% 	100.00 	100.00 	100.00 	100.00 	100.00 	100.00 	100.00
Home Health Aide 	4% 	M 	15,704.00 	15,704.00 	18,844.80
Laundry Services 	4% 	M 	1,664.00 	1,664.00 	1,664.00 	1,664.00 	1,664.00 	1,664.00 	1,664.00
Lawn Care 	4% 	1,550.00 	1,550.00 	1,550.00 	1,550.00 	1,550.00 	1,550.00 	1,550.00
House Cleaning 	4% 	2,280.00 	2,280.00 	2,280.00 	2,280.00 	2,280.00 	2,280.00 	2,280.00
Snow Removal 	4% 	300.00 	300.00 	300.00 	300.00 	300.00 	300.00 	300.00
Home Modifications 	4% 	4,213.57 	421.36 	421.36 	421.36 	421.36
Vehicle Modifications 	4% 	500.00 	50.00 	50.00 	50.00 	50.00 	50.00 	50.00
Lost Earnings 	1,278,545.00
Pain and Suffering 	250,000.00
Past Unreimbursable Expenses 	55,808.72
Annual Totals 	1,601,158.58 	15,231.36 	19,151.60 	15,359.39 	28,843.39 	28,831.39 	31,972.19
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1
life care expenses ($16,804.86), lost earnings ($1,278,545.00) pain and suffering ($250,000.00), and past
unreimbursable expenses ($55,808.72): $1,601,158.58.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.
Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 10 of 12

Appendix A: Items of Compensation for Kevin McKenna 	Page 3 of 4
ITEMS OF COMPENSATION 	G.R. 	* 	M
Medicare Part B Premium 	5% 	M
Medicare Part B Deductible 	5%
Medigap 	5% 	M
Medicare Part D 	5% 	M
Primary Care Physician 	5% 	*
Physiatry 	5% 	*
Prosthetist 	5% 	*
Psychiatry 	5% 	*
Psychologist 	5% 	*
Plastic Surgeon 	5% 	*
Orthopedic Surgeon 	5% 	*
Functional Restoration Program 	5% 	*
Diagnostic Studies 	5% 	*
Chiropractor 	4% 	*
Mileage: Primary Care Physician 	4%
Mileage: Physiatry 	4%
Mileage: Prosthetist 	4%
Mileage: Psychiatry 	4%
Mileage: Psychologist 	4%
Mileage: Chiropractor 	4%
Cymbalta 	5% 	*
Gabapentin 	5% 	*
Celebrex 	5% 	*
Cyclobenzaprine 	5% 	*
Magnesium 	4%
Xanax 	5% 	*
Cerave Moisturizing Lotion 	4%
Biofreeze 	4%
Physical Therapy Evaluation 	4% 	*
Physical Therapy 	4% 	*
Occupational Therapy Evaluation 	4% 	*
Compensation
Years 33-35
Compensation
Years 36-Life
2057-2059 	2060-Life
257.00 	257.00
3,688.44 	3,688.44
1,666.80 	1,666.80
21.70 	21.70
56.00 	56.00
147.00 	147.00
28.00 	28.00
22.40 	22.40
134.40 	134.40
70.08 	70.08
144.00 	144.00
198.24 	198.24
Case 1:17-vv-01021-UNJ Document 157 Filed 01/05/26 Page 11 of 12

Appendix A: Items of Compensation for Kevin McKenna 	Page 4 of 4
ITEMS OF COMPENSATION 	G.R. 	* 	M
Occupational Therapy 	4% 	*
Shoulder Cap 	4% 	*
Shower Chair 	4%
Activities of Daily Living (ADLs) 	4%
Hand Held Shower 	4%
Portable Grab Bars 	4%
Automatic Soap Dispenser 	4%
One Shoulder Back Pack 	4%
Gym/Work Out Equipment 	4%
Clothing Allowance 	4%
Batteries 	4%
Home Health Aide 	4% 	M
Laundry Services 	4% 	M
Lawn Care 	4%
House Cleaning 	4%
Snow Removal 	4%
Home Modifications 	4%
Vehicle Modifications 	4%
Lost Earnings
Pain and Suffering
Past Unreimbursable Expenses
Annual Totals
Compensation
Years 33-35
Compensation
Years 36-Life
2057-2059 	2060-Life
12.00 	12.00
200.00 	200.00
7.00 	7.00
2.30 	2.30
66.67 	66.67
100.00 	100.00
18,844.80 	23,556.00
1,664.00 	1,664.00
1,550.00 	1,550.00
2,280.00 	2,280.00
300.00 	300.00
421.36 	421.36
50.00 	50.00
31,932.19 	36,643.39
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1
life care expenses ($16,804.86), lost earnings ($1,278,545.00) pain and suffering ($250,000.00), and past
unreimbursable expenses ($55,808.72): $1,601,158.58.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.
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