VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00819 Package ID: USCOURTS-cofc-1_21-vv-00819 Petitioner: Holly Jenkins Filed: 2021-01-29 Decided: 2023-07-03 Vaccine: influenza Vaccination date: 2020-09-04 Condition: left-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 35225 AI-assisted case summary: Holly Jenkins filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left-sided shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 4, 2020. The respondent, the Secretary of Health and Human Services, conceded that Ms. Jenkins' claim met the Vaccine Injury Table criteria for SIRVA and that she satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Jenkins entitled to compensation. Subsequently, a decision was issued awarding damages. The award included a lump sum of $35,000.00 for pain and suffering and $225.00 for actual unreimbursable expenses, totaling $35,225.00. This amount was intended to compensate for all damages available under the Act. The petition was filed on January 29, 2021, and the decision awarding damages was issued on July 3, 2023. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00819-0 Date issued/filed: 2023-08-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/03/2023) regarding 29 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00819-UNJ Document 34 Filed 08/07/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0819V HOLLY JENKINS, Chief Special Master Corcoran Petitioner, v. Filed: July 3, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 29, 2021, Holly Jenkins (“Petitioner”) 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 left-sided shoulder injury related to vaccine administration (“SIRVA”) following receipt of an influenza (“flu”) vaccine administered on September 4, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 3, 2023, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer at 1. Specifically, Respondent states that Petitioner’s claim meets the Vaccine Injury Table (“Table”) criteria for SIRVA. Id. at 3 (citing 42 C.F.R. §§ 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 (2012). Case 1:21-vv-00819-UNJ Document 34 Filed 08/07/23 Page 2 of 2 100.3(a)(XIV)(B), (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. (citing Section 13(a)(1)(B); Section 11(c)(1)(D)(i)). 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-00819-1 Date issued/filed: 2023-08-07 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/03/2023) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00819-UNJ Document 35 Filed 08/07/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0819V HOLLY JENKINS, Chief Special Master Corcoran Petitioner, v. Filed: July 3, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On January 29, 2021, Holly Jenkins (“Petitioner”) 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 left-sided shoulder injury related to vaccine administration (“SIRVA”) following receipt of an influenza (“flu”) vaccine administered on September 4, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 3, 2023, Respondent filed a combined Rule 4(c) Report and Proffer in which he conceded that Petitioner was entitled to compensation for a Table SIRVA. Respondent’s Rule 4(c) Report and Proffer at 1, 3. That same day, I issued a Ruling on Entitlement. 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 (2012). Case 1:21-vv-00819-UNJ Document 35 Filed 08/07/23 Page 2 of 2 Respondent represents that Petitioner agrees to his proffer on an award of compensation. Respondent’s Rule 4(c) Report and Proffer at 3-4. 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 combined Rule 4(c) Report and Proffer,3 I award the following compensation: A lump sum of $35,225.00 (representing $35,000.00 for pain and suffering, and $225.00 for actual unreimbursable expenses) in the form of a check payable to Petitioner. Respondent’s Rule 4(c) Report and Proffer at 3-4. This amount represents compensation for all damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto. 4 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