William Jenne v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
William Jenne filed a petition on May 14, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he received an influenza vaccine on October 19, 2016, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months.
The respondent denied that the flu vaccine caused Mr. Jenne's alleged SIRVA or any other injury.
Despite these opposing positions, the parties reached a settlement and filed a joint stipulation on May 11, 2021. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Mr.
Jenne was awarded a lump sum of $42,104.67, payable by check to the petitioner, as compensation for all damages available under Section 15(a) of the Vaccine Act. The petitioner, represented by Theodore J.
Hong of Maglio Christopher & Toale, PA, released the United States from further claims related to this vaccination. The respondent was represented by Christine Mary Becer of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken by Mr.
Jenne, nor does it name any medical experts consulted by either party.
Theory of causation
Petitioner William Jenne alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 19, 2016, with residual effects lasting more than six months. The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The case was resolved via a joint stipulation, with the parties agreeing to a settlement. The stipulation stated that the flu vaccine is contained in the Vaccine Injury Table and that petitioner alleged a SIRVA Table Injury or, in the alternative, that the vaccine caused his shoulder injury. The public text does not detail the specific mechanism of injury, expert testimony, or the evidence considered by the Special Master beyond the stipulation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding petitioner $42,104.67 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision date was June 10, 2021. Petitioner's counsel was Theodore J. Hong, and respondent's counsel was Christine Mary Becer. The theory of causation is based on the "Table" category for SIRVA, as indicated by the stipulation, though respondent denied causation. The award represents a settlement and release of claims.
Source PDFs
USCOURTS-cofc-1_19-vv-00708