VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01927
Package ID: USCOURTS-cofc-1_18-vv-01927
Petitioner: Donna Jennings
Filed: 2019-01-09
Decided: 2020-05-20
Vaccine: influenza
Vaccination date: 2017-10-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 132662

AI-assisted case summary:
Donna Jennings filed a petition for compensation under the National Vaccine Injury Compensation Program on January 9, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 16, 2017. The respondent filed a Rule 4(c) report conceding that Ms. Jennings is entitled to compensation, concluding that she suffered a Table SIRVA injury and experienced residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Ms. Jennings entitled to compensation. Subsequently, on April 13, 2020, the respondent filed a proffer on award of compensation, proposing an award of $132,662.85, which consisted of $125,000.00 for pain and suffering and $7,662.85 in past unreimbursable expenses. The petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Ms. Jennings the lump sum of $132,662.85.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01927-0
Date issued/filed: 2020-02-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/09/2020) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01927-UNJ Document 26 Filed 02/13/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1927V
UNPUBLISHED
DONNA JENNINGS, Chief Special Master Corcoran
Petitioner, Filed: January 9, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 17, 2018, Donna Jennings 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 related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
October 16, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 6, 2020, 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
1 Because this unpublished ruling 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 E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:18-vv-01927-UNJ Document 26 Filed 02/13/20 Page 2 of 2
at 1-2. Specifically, Respondent concludes that “petitioner suffered a Table SIRVA
injury.” Id. at 4. Respondent further agrees that Petitioner “suffered the residual effects
of her condition for more than six months.” Id.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-01927-1
Date issued/filed: 2020-05-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/16/2020) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01927-UNJ Document 33 Filed 05/20/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1927V
UNPUBLISHED
DONNA JENNINGS, Chief Special Master Corcoran
Petitioner, Filed: April 16, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 17, 2018, Donna Jennings 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 related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
October 16, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 9, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On April 13, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $132,662.85.
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 E-
Government 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).

Case 1:18-vv-01927-UNJ Document 33 Filed 05/20/20 Page 2 of 4
proffered award. Id. 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 $132,662.85 (consisting of compensation in the amount of
$125,000.00 for pain and suffering and $7,662.85 in past unreimbursable
expenses) 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.
2

Case 1:18-vv-01927-UNJ Document 33 Filed 05/20/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DONNA JENNINGS )
)
Petitioner, )
)
v. ) No. 18-1927V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 6, 2020, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered a Shoulder Injury Related to Vaccine Administration within the Table
timeframe following an influenza vaccination, and conceding petitioner’s entitlement to
compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.
§§ 300aa-10 to -34. Accordingly, on January 9, 2020, the Chief Special Master issued a Ruling
on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $132,662.85, consisting of
$125,000.00 in pain and suffering and $7,662.85 in past, unreimbursed expenses, which amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.

Case 1:18-vv-01927-UNJ Document 33 Filed 05/20/20 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $132,662.85 in the form of a check payable 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.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: April 13, 2020
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 medical
expenses, future pain and suffering, and future lost wages.
2