VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00813
Package ID: USCOURTS-cofc-1_21-vv-00813
Petitioner: Jeanine John
Filed: 2021-01-28
Decided: 2023-04-10
Vaccine: influenza
Vaccination date: 2020-10-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 84441

AI-assisted case summary:
Jeanine John filed a petition on January 28, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving influenza and pneumococcal conjugate vaccines on October 13, 2020. The respondent conceded entitlement, agreeing that Ms. John had no prior shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, and her symptoms were localized to the vaccinated shoulder. The respondent also confirmed that the case was timely filed, the vaccinations were administered in the United States, and the statutory severity requirement was met. A ruling on entitlement was issued on January 18, 2023, finding Ms. John entitled to compensation. Subsequently, on February 27, 2023, the respondent filed a proffer recommending an award of $84,441.68, comprising $82,500.00 for pain and suffering and $1,941.68 for past unreimbursable expenses. Ms. John agreed with this proffered award. On April 10, 2023, the Chief Special Master issued a decision awarding Ms. John the stipulated lump sum of $84,441.68.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00813-0
Date issued/filed: 2023-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/18/2023) regarding 43 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00813-UNJ Document 45 Filed 02/24/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0813V
UNPUBLISHED
JEANINE JOHN, Chief Special Master Corcoran
Petitioner, Filed: January 18, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Pneumococcal
Conjugate Vaccine; Influenza
Respondent. Vaccine; Shoulder Injury Related to
Vaccine Administration (SIRVA)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 28, 2021, Jeanine John 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 influenza (“flu”) and pneumococcal conjugate
(“PCV-13”) vaccines that were administered on October 13, 2020. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On January 13, 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 states that “[P]etitioner had no relevant history of pain,
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
to post it 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), 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 (2012).

Case 1:21-vv-00813-UNJ Document 45 Filed 02/24/23 Page 2 of 2
inflammation, or dysfunction in her right shoulder; her pain and reduced range of motion
occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality was identified to explain her symptoms.” Id. at 4. Respondent further agrees
that “the records show that [P]etitioner timely filed her case, that she received the flu and
PCV-13 vaccinations in the United States, and that she satisfies the statutory severity
requirement by suffering the residual effects or complications of her injury for more than
six months after vaccine administration”. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_21-vv-00813-1
Date issued/filed: 2023-04-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/27/2023) regarding 47 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00813-UNJ Document 51 Filed 04/10/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0813V
UNPUBLISHED
JEANINE JOHN, Chief Special Master Corcoran
Petitioner, Filed: February 27, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 28, 2021, Jeanine John 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 influenza (“flu”) and pneumococcal conjugate
(“PCV-13”) vaccines that were administered on October 13, 2020. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On January 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On February 27, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $84,441.68
(comprised of $82,500.00 in pain and suffering and $1,941.68 in past unreimbursable
expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it 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 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 (2012).

Case 1:21-vv-00813-UNJ Document 51 Filed 04/10/23 Page 2 of 5
with the proffered award. Id. at 2. 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 $84,441.68 (comprised of $82,500.00 in pain and suffering and
$1,941.68 in past unreimbursable expenses) 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-00813-UNJ Document 51 Filed 04/10/23 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEANINE JOHN,
Petitioner,
v. No. 21-813V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 28, 2021, Jeanine John (“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 influenza (“flu”)
and pneumococcal conjugate vaccines she received on October 13, 2020. Petition at 1. On
January 13, 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. 42. On January 18, 2023, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 43.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $82,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00813-UNJ Document 51 Filed 04/10/23 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,941.68. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent 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 Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $84,441.68, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jeanine John: $84,441.68
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
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 1:21-vv-00813-UNJ Document 51 Filed 04/10/23 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ MADELYN E. WEEKS
MADELYN E. WEEKS
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) 305-3262
madelyn.e.weeks@usdoj.gov
Dated: February 27, 2023
3