VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00732
Package ID: USCOURTS-cofc-1_14-vv-00732
Petitioner: Franklin Jenkins
Filed: 2015-08-04
Decided: 2015-09-02
Vaccine: influenza
Vaccination date: 2011-10-04
Condition: shoulder injury related to vaccine administration and dermatofibroma
Outcome: compensated
Award amount USD: 22000

AI-assisted case summary:
Franklin Jenkins filed a petition for compensation under the National Vaccine Injury Compensation Program on August 13, 2014. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) and dermatofibroma resulting from an influenza vaccine he received on October 4, 2011. Mr. Jenkins further alleged that the residual effects of his injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused Mr. Jenkins' alleged injuries. Despite the respondent's denial, the parties reached a settlement agreement. The respondent agreed to pay Mr. Jenkins a lump sum of $22,000.00 as compensation for all damages available under the Vaccine Act. Chief Special Master Denise Kathryn Vowell adopted the parties' stipulation and awarded the agreed-upon compensation, directing the clerk of the court to enter judgment accordingly. Ronald Homer, Esq., represented the petitioner, and Jennifer Reynaud, Esq., represented the respondent. The decision was issued on September 2, 2015.

Theory of causation field:
Petitioner Franklin Jenkins alleged that a shoulder injury related to vaccine administration (SIRVA) and dermatofibroma resulted from an influenza vaccine received on October 4, 2011, with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation to settle the case. The respondent agreed to pay petitioner a lump sum of $22,000.00 for all damages available under the Vaccine Act. Chief Special Master Denise Kathryn Vowell adopted the stipulation and awarded the compensation. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the alleged injuries or the settlement.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00732-0
Date issued/filed: 2015-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/04/2015) regarding 26 DECISION Stipulation/Proffer (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00732-UNJ Document 30 Filed 09/02/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-732V
Filed: August 4, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
FRANKLIN JENKINS, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza Vaccine or Flu Vaccine;
* Dermatofibroma; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration;
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Esq., Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Jennifer Reynaud, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Vowell, Chief Special Master:
On August 13, 2014, Franklin Jenkins filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”]. Petitioner alleges that he suffered a shoulder injury related
to vaccine administration [“SIRVA”] and dermatofibroma resulting from the influenza
vaccine he received on October 4, 2011. Petition at 1; see Stipulation, filed Aug. 3,
2015, ¶¶ 1-2, 4. Petitioner further alleges that he experienced the residual effects of his
injury for more than six months. Petition, ¶ 29; see Stipulation, ¶ 4. Respondent denies
that the influenza vaccination caused petitioner’s SIRVA and dermatofibroma or any
other injury. Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post it on the United States Court of Federal Claims' website, in accordance with the E-Government
Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). 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 (2006).

Case 1:14-vv-00732-UNJ Document 30 Filed 09/02/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
August 3, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $22,000.00 in the form of a
check payable to petitioner, Franklin Jenkins. Stipulation, ¶ 8. This amount represents
compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in
accordance with this decision.3
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

CCaassee 11::1144--vvvv--0000773322--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0089//0032//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000773322--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0089//0032//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000773322--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0089//0032//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000773322--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0089//0032//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000773322--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0089//0032//1155 PPaaggee 57 ooff 57