VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01421
Package ID: USCOURTS-cofc-1_20-vv-01421
Petitioner: Robert Jaegle
Filed: 2020-10-20
Decided: 2022-04-29
Vaccine: influenza
Vaccination date: 2017-11-12
Condition: left radial motor neuropathy
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Robert Jaegle filed a petition on October 20, 2020, alleging that an influenza vaccine administered on November 12, 2017, caused him to suffer from left radial motor neuropathy. The respondent, the Secretary of Health and Human Services, filed a report on December 20, 2021, recommending that compensation be awarded. The respondent stated that a preponderance of the evidence established that the petitioner's left radial nerve injury was caused-in-fact by the flu vaccine and that the statutory six-month sequela requirement was satisfied. The respondent concluded that the petitioner had met all legal prerequisites for compensation, with damages limited to the left radial nerve injury. On December 30, 2021, Special Master Herbrina Sanders issued a Ruling on Entitlement, finding the petitioner entitled to compensation. Subsequently, on March 22, 2022, the respondent filed a Proffer on Award of Compensation. Based on the record, Special Master Sanders awarded the petitioner a lump sum payment of $85,000 for pain and suffering. The decision noted that the petitioner is a competent adult and that judgment would be entered unless a motion for review was filed. Petitioner was represented by Renee J. Gentry, and respondent was represented by Ronalda E. Kosh. The decision was issued on April 29, 2022.

Theory of causation field:
Petitioner Robert Jaegle alleged that an influenza vaccine administered on November 12, 2017, caused left radial motor neuropathy. The respondent recommended compensation, finding that the preponderance of the evidence established a cause-in-fact relationship between the flu vaccine and the left radial nerve injury, and that the six-month sequela requirement was met. The Special Master, Herbrina Sanders, agreed and found the petitioner entitled to compensation. The case proceeded to the damages phase, and based on a Proffer on Award of Compensation filed by the respondent on March 22, 2022, the Special Master awarded petitioner a lump sum of $85,000 for pain and suffering. This was an off-Table injury. Petitioner was represented by Renee J. Gentry, and respondent was represented by Ronalda E. Kosh. The Ruling on Entitlement was issued on December 30, 2021, and the Decision Awarding Damages was issued on April 29, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01421-0
Date issued/filed: 2022-01-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/30/2021) regarding 21 Ruling on Entitlement. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:20-vv-01421-UNJ Document 22 Filed 01/31/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 30, 2021
* * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT JAEGLE, * No. 20-1421V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Ruling on Entitlement; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Radial Nerve Injury
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Renee J. Gentry, The Law Office of Renee J. Gentry, Washington, DC, for Petitioner.
Ronalda E. Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 20, 2020, Robert Jaegle (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program2 (“Vaccine Program” or “Program”). 42
U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that an influenza (“flu”) vaccine administered
on November 12, 2017, caused him to suffer from left radial motor neuropathy. See Pet. ¶¶ 7, 15–
19, ECF No. 1.
On December 20, 2021, Respondent filed his report pursuant to Vaccine Rule 4(c).
Resp’t’s Report, ECF No. 20. Respondent “recommend[ed] that compensation be awarded for left
radial nerve injury.” Id. at 1. He stated that a review of the record indicated that “a preponderance
of the evidence establishes that [P]etitioner’s left radial nerve injury was caused-in-fact by the flu
vaccine that [P]etitioner received on November 12, 2017 . . . .” ” Id. at 7. Respondent stated that
“the statutory six month sequela requirement has been satisfied.” Id. Respondent concluded that
“[P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. Respondent
noted that “[t]he scope of damages to be awarded are limited to [P]etitioner’s left radial nerve
injury.” Id. at 8.
1 This Ruling shall be posted 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), a party has 14 days to identify and move to delete medical or other information
that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction
must include a proposed redacted ruling. If, upon review, the I agree that the identified material fits within the
requirements of that provision, such material will be deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755 (“the Vaccine Act” or “Act”).
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 1:20-vv-01421-UNJ Document 22 Filed 01/31/22 Page 2 of 2
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of Respondent’s
concession and a review of the record, I find that Petitioner is entitled to compensation. This matter
shall now proceed to the damages phase.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01421-1
Date issued/filed: 2022-04-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 3/28/2022) regarding 27 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:20-vv-01421-UNJ Document 31 Filed 04/29/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 28, 2022
* * * * * * * * * * * * * *
ROBERT JAEGLE, * No. 20-1421V
*
Petitioner, * Special Master Sanders
*
v. * Decision on Proffer; Damages;
* Influenza (“Flu”) Vaccine; Radial
SECRETARY OF HEALTH * Nerve Injury
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Renee J. Gentry, The Law Office of Renee J. Gentry, Washington, DC, for Petitioner.
Ronalda E. Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 20, 2020, Robert Jaegle (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-10, et seq.2 (2012)
(“Vaccine Act” or “Program”). Petitioner alleged that an influenza (“flu”) vaccine administered
on November 12, 2017, caused him to suffer from left radial motor neuropathy. See Pet. ¶¶ 7, 15–
19, ECF No. 1.
On December 20, 2021, Respondent filed his report pursuant to Vaccine Rule 4(c). Resp’t’s
Report, ECF No. 20. Respondent “recommend[ed] that compensation be awarded for left radial
nerve injury.” Id. at 1. He stated that a review of the record indicated that “a preponderance of the
evidence establishes that [P]etitioner’s left radial nerve injury was caused-in-fact by the flu vaccine
that [P]etitioner received on November 12, 2017 . . . .” ” Id. at 7. Respondent stated that “the
statutory six month sequela requirement has been satisfied.” Id. Respondent concluded that
“[P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. Respondent
noted that “[t]he scope of damages to be awarded are limited to [P]etitioner’s left radial nerve
1 This Decision shall be posted 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). In accordance with Vaccine Rule 18(b), a party has 14 days to identify
and move to delete medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further,
consistent with the rule requirement, a motion for redaction must include a proposed redacted Decision.
If, upon review, the undersigned agrees that the identified material fits within the requirements of that
provision, such material will be deleted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.
1

Case 1:20-vv-01421-UNJ Document 31 Filed 04/29/22 Page 2 of 5
injury.” Id. at 8. On December 30, 2021, the undersigned issued a Ruling on Entitlement, finding
that Petitioner was entitled to compensation for his left radial nerve injury. Ruling on Entitlement,
ECF No. 21.
On March 22, 2022, Respondent filed a Proffer on Award of Compensation (“Proffer”).
Proffer, ECF No. 25. Based on the record as a whole, the undersigned finds that Petitioner is
entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the Proffer, attached as Appendix A, the undersigned awards
Petitioner:
[A] lump sum payment of $85,000, [representing pain and suffering,] in the form
of a check payable to [P]etitioner. This amount represents all elements of
compensation to which [P]etitioner is entitled under 42 U.S.C. § 300aa-15(a).
Id. at 2.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of a notice
renouncing the right to seek review.
2

Case 1:20-vv-01421-UNJ Document 31 Filed 04/29/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ROBERT JAEGLE, )
)
)
Petitioner, )
) No. 20-1421V
v. ) Special Master Sanders
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 20, 2020, Robert Jaegle (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the
Act”), 42 U.S.C. §§ 300aa-10 to -34. Petitioner alleges that he suffered left arm and hand
injuries as a result of an influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. § 100.3(a), that he received in his left upper extremity on
November 12, 2017. See Petition. On December 20, 2021, 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 left radial nerve injury that was caused-in-fact by
the flu vaccine received on November 12, 2017, and on December 30, 2021, the Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 21; ECF
No. 22.

Case 1:20-vv-01421-UNJ Document 31 Filed 04/29/22 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $85,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents 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 Special Master’s decision and the
Court’s judgment award the following1: a lump sum payment of $85,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Robert Jaegle: $85,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
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

Case 1:20-vv-01421-UNJ Document 31 Filed 04/29/22 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Ronalda E. Kosh
RONALDA E. KOSH
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) 616-4476
Email: ronalda.kosh@usdoj.gov
DATED: March 22, 2022
3