VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00601
Package ID: USCOURTS-cofc-1_21-vv-00601
Petitioner: Jacalyn Kay Whitham
Filed: 2021-01-12
Decided: 2023-09-06
Vaccine: influenza
Vaccination date: 2019-11-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Jacalyn Kay Whitham alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 7, 2019. The respondent conceded that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA. The case proceeded on a "Table" theory of causation. The respondent filed a proffer recommending an award of $100,000.00 for pain and suffering, which the petitioner agreed to. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 26, 2023, finding the petitioner entitled to compensation. A decision on September 6, 2023, awarded the petitioner a lump sum of $100,000.00 for pain and suffering. Petitioner was represented by Andrew Donald Downing, and respondent was represented by Rachelle Bishop.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00601-0
Date issued/filed: 2023-07-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/26/2023 ) regarding 41 Ruling on Entitlement. Order on Motion for Ruling on the Record. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00601-UNJ Document 44 Filed 07/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0601V
JACALYN KAY WHITHAM, Chief Special Master Corcoran
Petitioner, Filed: June 26, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 2021, Jacalyn Kay Whitham 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 that was administered
on November 7, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 22, 2023, 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 agrees that “[P]etitioner has satisfied the criteria set forth in the
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00601-UNJ Document 44 Filed 07/27/23 Page 2 of 2
Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA.” Id. at 8.
Respondent further agrees that Petitioner has satisfied all statutory and jurisdictional
requirements. 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

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00601-1
Date issued/filed: 2023-09-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/07/2023) regarding 46 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00601-UNJ Document 52 Filed 09/06/23 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-601V
JACALYN KAY WHITHAM, Chief Special Master Corcoran
Petitioner, Filed: August 7, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 12, 2021, Jacalyn Kay Whitham 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 defined in the Vaccine Injury Table, as a result of an
influenza (“flu”) vaccine that was administered on November 7, 2019. Petition at 1, ¶ 8.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 26, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 2, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $100,000.00 for her
pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00601-UNJ Document 52 Filed 09/06/23 Page 2 of 4
agrees with the 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 $100,000.00 (representing pain and suffering) in the form of a
check payable to Petitioner. This amount represents compensation for all damages that
would be available under Section 15(a).
The Clerk of 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 1:21-vv-00601-UNJ Document 52 Filed 09/06/23 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JACALYN KAY WHITHAM, )
)
Petitioner, ) No. 21-601V (ECF)
) Chief Special Master Brian H. Corcoran
v. )
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 12, 2021, Jacalyn Kay Whitham (“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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccination that she received on November 7, 2019. Petition at 1. On June 22,
2023, 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. ECF No. 40. On June 26, 2023, the Court issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 41.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$100,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all
elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.

Case 1:21-vv-00601-UNJ Document 52 Filed 09/06/23 Page 4 of 4
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 Court’s decision and judgment
award the following: a lump sum payment of $100,000.00, in the form of a check payable to
petitioner.1
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jacalyn Kay Whitham: $100,000.00
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Rachelle P. Bishop
RACHELLE P. BISHOP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-3662
DATED: August 2, 2023 Rachelle.P.Bishop@usdoj.gov
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2