VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00724
Package ID: USCOURTS-cofc-1_21-vv-00724
Petitioner: Janice Jablonowski
Filed: 2021-01-12
Decided: 2024-12-02
Vaccine: pneumococcal conjugate
Vaccination date: 2019-08-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 77500

AI-assisted case summary:
Janice Jablonowski filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate (PCV) vaccine administered on August 29, 2019. The respondent filed a Rule 4(c) report on October 6, 2024, conceding that Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 7, 2024, finding Petitioner entitled to compensation. Subsequently, on November 1, 2024, the respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $77,500.00 for pain and suffering, which Petitioner agreed to. On December 2, 2024, Chief Special Master Corcoran issued a decision awarding Janice Jablonowski a lump sum payment of $77,500.00 as compensation for all damages, in the form of a check payable to Petitioner. Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and Respondent was represented by Felicia Langel of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Janice Jablonowski alleged a shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate (PCV) vaccine administered on August 29, 2019. The respondent conceded that the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. The public text indicates a "Table" theory of causation. No specific medical experts or detailed mechanism of injury were described in the public documents. Petitioner was awarded $77,500.00 for pain and suffering as a lump sum payment. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on October 7, 2024, and the decision awarding damages on December 2, 2024. Petitioner's counsel was Jonathan Joseph Svitak, and Respondent's counsel was Felicia Langel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00724-0
Date issued/filed: 2024-11-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/07/2024) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00724-UNJ Document 45 Filed 11/07/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0724V
JANICE JABLONOWSKI, Chief Special Master Corcoran
Petitioner, Filed: October 7, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 12, 2021, Janice Jablonowski 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 a pneumococcal conjugate (“PCV”) vaccine
administered on August 29, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 6, 2024, 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 “has determined that [P]etitioner’s alleged injury is consistent
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-00724-UNJ Document 45 Filed 11/07/24 Page 2 of 2
with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees
that “[P]etitioner suffered the residual effects of her injury for more than six months.” 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-00724-1
Date issued/filed: 2024-12-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/01/2024) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00724-UNJ Document 48 Filed 12/02/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0724V
JANICE JABLONOWSKI, Chief Special Master Corcoran
Petitioner, Filed: November 1, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 12, 2021, Janice Jablonowski 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”) because of a pneumococcal conjugate (“PCV”) vaccine
administered on August 29, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 7, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On October 31, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $77,500.00 for pain
and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner 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.
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-00724-UNJ Document 48 Filed 12/02/24 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $77,500.00 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-00724-UNJ Document 48 Filed 12/02/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JANICE JABLONOWSKI,
Petitioner,
v. No. 21-724V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 12, 2021, Janice Jablonowski (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act. See 42 U.S.C. §§ 300aa-1 to -34, as amended
(“Vaccine Act”). Petitioner alleges that she suffered from a shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table (“Table”), following the
administration of the pneumococcal conjugate (“PCV”) vaccine on August 29, 2019. 42 C.F.R.
§100.3(a)(XII)(A); Petition at 1. On October 6, 2024, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report conceding entitlement to compensation. See
ECF No. 36.
I. Item of Compensation
Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$77,500.00 for 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.

Case 1:21-vv-00724-UNJ Document 48 Filed 12/02/24 Page 4 of 4
II. Form of the Award
Respondent recommends that compensation provided to petitioner should be made
through one lump sum payment, and requests that the Chief Special Master’s decision and the
Court’s judgment award the following:1 a lump sum payment of $77,500.00 in the form of a
check payable to petitioner.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Felicia D. Langel
FELICIA D. LANGEL
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) 305-3148
felicia.d.langel@usdoj.gov
DATED: October 31, 2024
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