VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00783
Package ID: USCOURTS-cofc-1_21-vv-00783
Petitioner: Sean Jiggins
Filed: 2021-01-21
Decided: 2024-09-25
Vaccine: influenza
Vaccination date: 2020-10-16
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Sean Jiggins filed a petition for compensation under the National Vaccine Injury Compensation Program on January 21, 2021. He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of receiving an influenza (flu) vaccination on October 16, 2020. Mr. Jiggins claimed the injury occurred within the timeframe specified by the Table and that he experienced residual effects for more than six months. He also stated that the vaccine was administered in the United States and that there had been no prior award or settlement of a civil action for his injury. The respondent, the Secretary of Health and Human Services, denied that Mr. Jiggins sustained a Table SIRVA within the specified timeframe and denied that the flu immunization caused or significantly aggravated his alleged shoulder injury or any other injury. Despite these opposing positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and adopted it as the decision of the court. Pursuant to the stipulation, Mr. Jiggins was awarded a lump sum of $40,000.00, payable by check to the petitioner. This amount is intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on September 25, 2024. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Sean Jiggins alleged a Table injury, specifically a Shoulder Injury Related to Vaccine Administration (SIRVA), resulting from an October 16, 2020 influenza vaccination. He claimed the injury met the Table's timeframe and resulted in residual effects lasting over six months. Respondent denied the flu immunization caused or significantly aggravated the alleged shoulder injury or any other injury, and denied a Table SIRVA within the specified timeframe. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $40,000.00 to petitioner. The stipulation represents a negotiated settlement of liability and damages. Petitioner was represented by Leah VaSahnja Durant and respondent by Ryan Daniel Pyles. The decision date was September 25, 2024.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00783-0
Date issued/filed: 2024-09-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/14/2024) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00783-UNJ Document 38 Filed 09/25/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-783V
SEAN JIGGINS, Chief Special Master Corcoran
Petitioner, Filed: August 14, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 21, 2021, Sean Jiggins 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 he suffered a Table injury - a Shoulder Injury
Related to Vaccine Administration ("SIRVA") as a result of his October 16, 2020 influenza
(“flu”) vaccination. Petition at 1; Stipulation, filed August 13, 2024, at ¶¶ 1-2, 4. Petitioner
further alleges that he received the vaccine in the United States, that he suffered the
residual effects of his injury for more than six months, and that there has been no prior
award or settlement of a civil action on his behalf as a result of his injury. Stipulation at
¶¶ 3-5; see Amended Petition, filed November 9, 2022 at ¶¶ 8, 10. “Respondent denies
that [P]etitioner sustained a Table SIRVA within the timeframe set forth in the Table; and
denies that the flu immunization caused or significantly aggravated [P]etitioner’s alleged
shoulder injury and/or any other injury.” Stipulation at ¶ 6.
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-00783-UNJ Document 38 Filed 09/25/24 Page 2 of 7
Nevertheless, on August 13, 2024, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $40,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-00783-UNJ Document 38 Filed 09/25/24 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SEAN JIGGINS,
Petitioner,
V. No.21-783V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Sean Jiggins ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on or about October 16, 2020, in his right upper
extremity.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a right-sided shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table and that he experienced
the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.

Case 1:21-vv-00783-UNJ Document 38 Filed 09/25/24 Page 4 of 7
6. Respondent denies that petitioner sustained a Table SIRVA within the timeframe set
forth in the Table; and denies that the flu immunization caused or significantly aggravated
petitioner's alleged shoulder injury and/or any other injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U .S.C. § 300aa-2 l (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $40,000.00 in the form of a check payable to petitioner. This amount
represents all compensation for damages that would be available under 42 U.S.C.
§ 300aa-l 5(a) for injuries allegedly related to petitioner's receipt of the flu vaccine.
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U .S .C. § 300aa-l 5(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
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Case 1:21-vv-00783-UNJ Document 38 Filed 09/25/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U .S.C. § 300aa-l 5(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U .S .C. § 300aa-l 5(a) and ( d), and subject to the conditions of 42 U .S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity and on behalf of his heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or
about October 16, 2020, as alleged by petitioner in a petition for vaccine compensation filed on
or about January 21, 2021, and as amended on or about November 9, 2022, in the United States
Court of Federal Claims as petition No. 21-783V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:21-vv-00783-UNJ Document 38 Filed 09/25/24 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
injury, and/or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF ST IP ULA TION
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Case 1:21-vv-00783-UNJ Document 38 Filed 09/25/24 Page 7 of 7
Respectfully submitted,
PETITIONER.:
SEAN JIGG
1
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
PETITIONER:
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HEATIIER L. PEARLMAN
LAW OFFICES OF LEAH V. DURANT) PLLC Deputy Director
1717 K Street NW, Suite 900 Torts Branch
Washington, DC 20006 Civil Division
(202) 775-9200 U.S. Department of Justice
ldurant@durantllc.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTR RESPONDENT:
AND HUMAN SERVICES:
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Digitally 5i9ned by
Jeffreys. Be&~h "S
Jeffrey S. Beach -S Date, :w 24_07_16
----~. 13:10:46-04'00' for
CAPT GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 616-9847
Rockville, MD 20857 rvan.pyles@usdoj.gov
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