Jacalyn Kay Whitham v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Jacalyn Kay Whitham filed a petition on January 12, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 7, 2019.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 22, 2023, conceding that the petitioner met the criteria for a SIRVA Table injury and was entitled to compensation. The respondent also agreed that the petitioner had satisfied all statutory and jurisdictional requirements.

On June 26, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioner entitled to compensation.

Subsequently, on August 2, 2023, the respondent filed a proffer recommending an award of $100,000.00 for pain and suffering, stating that the petitioner agreed with this proffered award. On September 6, 2023, Chief Special Master Corcoran issued a decision awarding the petitioner a lump sum payment of $100,000.00, representing pain and suffering, in the form of a check payable to Jacalyn Kay Whitham.

This amount was stated to represent all elements of compensation available under Section 15(a) of the Vaccine Act. Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and respondent was represented by Rachelle Bishop of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments received by the petitioner, nor does it name any medical experts.