VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00566
Package ID: USCOURTS-cofc-1_19-vv-00566
Petitioner: Nigel Jackson
Filed: 2019-04-16
Decided: 2021-03-08
Vaccine: meningococcal
Vaccination date: 2018-04-05
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 90071

AI-assisted case summary:
Nigel Jackson filed a petition for compensation under the National Vaccine Injury Compensation Program on April 16, 2019, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following a meningococcal vaccine administered on April 5, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 24, 2020, conceding that Mr. Jackson met the criteria for a SIRVA Table injury and was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 28, 2020, finding Mr. Jackson entitled to compensation. Subsequently, on March 5, 2021, the respondent filed a Proffer on Award of Compensation. The proffer indicated that Mr. Jackson agreed with a proposed award of $90,071.00, which included $90,000.00 for pain and suffering and $71.00 for past unreimbursable expenses. Mr. Jackson, an adult, agreed with this proffered award. Chief Special Master Corcoran issued a decision on March 8, 2021, awarding Mr. Jackson a lump sum payment of $90,071.00, payable by check to Mr. Jackson. The decision was made based on the stipulation and proffer between the parties. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Ida Nassar of the U.S. Department of Justice.

Theory of causation field:
Nigel Jackson filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following a meningococcal vaccine on April 5, 2018. The respondent conceded that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation for a SIRVA Table injury. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 28, 2020, finding the petitioner entitled to compensation. Subsequently, the parties stipulated to an award. Respondent filed a Proffer on Award of Compensation on March 5, 2021, recommending an award of $90,071.00, consisting of $90,000.00 for pain and suffering and $71.00 for past unreimbursable expenses. The petitioner agreed to this award. Chief Special Master Corcoran issued a Decision Awarding Damages on March 8, 2021, awarding the lump sum of $90,071.00 to Nigel Jackson. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Ida Nassar.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00566-0
Date issued/filed: 2020-08-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/28/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00566-UNJ Document 26 Filed 08/27/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-566V
UNPUBLISHED
NIGEL JACKSON, Chief Special Master Corcoran
Petitioner, Filed: July 28, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Meningococcal Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 16, 2019, Nigel Jackson 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of a meningococcal vaccine administered to him on
April 5, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 24, 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 at 1.
Specifically, Respondent concludes that “[P]etitioner has satisfied the criteria set forth in
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 1:19-vv-00566-UNJ Document 26 Filed 08/27/20 Page 2 of 2
the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”).” Id. at 5.
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_19-vv-00566-1
Date issued/filed: 2021-04-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/08/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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CCaassee 11::1199--vvvv--0000556666--UUNNJJ DDooccuummeenntt 3348 FFiilleedd 0034//0087//2211 PPaaggee 11 ooff 25
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-566V
UNPUBLISHED
NIGEL JACKSON, Chief Special Master Corcoran
Petitioner, Filed: March 8, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Meningococcal Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On April 16, 2019, Nigel Jackson 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of a meningococcal vaccine administered to him on
April 5, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 28, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. On March 5, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $90,071.00. Proffer at
1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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).

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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 $90,071.00 (representing compensation in the amount of
$90,000.00 in pain and suffering and $71.00 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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
NIGEL JACKSON, )
)
Petitioner, )
) No. 19-566V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 16, 2019, Nigel Jackson (“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 he suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of a meningococcal
vaccine he received on April 5, 2018. Petition at 1. On July 24, 2020, the Secretary of Health
and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is
appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on July
28, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 21; ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

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B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $71.00. 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 $90,071.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Nigel Jackson: $90,071.00
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting 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

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DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Ida Nassar
IDA NASSAR
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) 616-4186
DATED: March 5, 2021
3