VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01917
Package ID: USCOURTS-cofc-1_21-vv-01917
Petitioner: Estate Of Kenneth W. Jackman
Filed: 2021-09-27
Decided: 2023-01-06
Vaccine: influenza
Vaccination date: 2020-10-28
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 313555

AI-assisted case summary:
Kenneth W. Jackman, an adult, received an influenza vaccine on October 28, 2020. He subsequently developed Guillain-Barré Syndrome (GBS), which was alleged to be vaccine-caused. The petition was initially filed by his spouse, Jo Ellen Jackman, on behalf of her disabled and incompetent husband. After Mr. Jackman's passing, his estate, represented by Jill J. Sparkman, was substituted as the petitioner. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer conceding that Mr. Jackman's GBS was a Table injury and that he was entitled to compensation. A ruling on entitlement was issued on November 15, 2022, finding entitlement. Subsequently, on January 6, 2023, a decision awarding damages was issued. The parties stipulated to an award of $279,440.19 for pain and suffering and past unreimbursed expenses, plus $34,115.00 to reimburse a Medicaid lien, for a total award of $313,555.19.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01917-0
Date issued/filed: 2022-12-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/15/2022) regarding 49 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01917-UNJ Document 53 Filed 12/27/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1917V
UNPUBLISHED
JILL J. SPARKMAN, as personal Chief Special Master Corcoran
representative of ESTATE OF
KENNETH W. JACKMAN, Filed: November 15, 2022
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Jane Ann Morrow, Otorowski, Johnston, et al., Bainbridge Island, WA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 27, 2021, former Petitioner Jo Ellen Jackman filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”), on behalf of her disabled and incompetent
spouse, Kenneth W. Jackman. Ms. Jackman alleged that Mr. Jackman suffered Guillain-
Barré Syndrome (“GBS”) caused by the influenza vaccine he received on October 28,
2020. Petition at 1, ¶¶ 9(b), (i), 18. Ms. Jackman further alleged that Mr. Jackman received
the vaccine within the United States, that he had suffered the residual effects of his GBS
for more than six months, and that neither he nor any other party has filed a civil case or
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-01917-UNJ Document 53 Filed 12/27/22 Page 2 of 2
received compensation for his GBS, alleged to be vaccine caused. Id. at ¶¶ 9(b), 13, 15-
16. After Mr. Jackman’s passing, Jill J. Sparkman, as personal representative of Mr.
Jackman’s estate, was substituted in as Petitioner. ECF No. 32. The case was assigned
to the Special Processing Unit of the Office of Special Masters. ECF No. 37.
On November 14, 2022, 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 2, 6. Specifically, Respondent believes “that
[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table and the
Qualifications and Aids to Interpretation (QAI).” Id. at 5.
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-01917-1
Date issued/filed: 2023-01-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/15/2022) regarding 50 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-01917-UNJ Document 56 Filed 01/06/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1917V
UNPUBLISHED
JILL J. SPARKMAN, as personal Chief Special Master Corcoran
representative of ESTATE OF
KENNETH W. JACKMAN, Filed: November 15, 2022
Petitioner, Special Processing Unit (SPU);
v. Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Guillain-
SECRETARY OF HEALTH AND Barre Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Jane Ann Morrow, Otorowski, Johnston, et al., Bainbridge Island, WA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 27, 2021, former Petitioner Jo Ellen Jackman filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”), on behalf of her disabled and incompetent
spouse, Kenneth W. Jackman. Ms. Jackman alleged that Mr. Jackman suffered Guillain-
Barré Syndrome (“GBS”) caused by the influenza vaccine he received on October 28,
2020. Petition at 1, ¶¶ 9(b), (i), 18. After Mr. Jackman’s passing, Jill J. Sparkman, as
personal representative of Mr. Jackman’s estate, was substituted in as Petitioner. ECF
No. 32. The case was assigned to the Special Processing Unit of the Office of Special
Masters. ECF No. 37.
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-01917-UNJ Document 56 Filed 01/06/23 Page 2 of 2
On November 15, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. In this case, Respondent filed a combined Rule
4(c) Report and Proffer on award of compensation (“Rule 4(c) Report and Proffer”)
indicating Petitioner should be awarded $279,440.19, representing $250,000.00 for pain
and suffering and $29,440.19 in past unreimbursed expenses, and $34,115.00
representing reimbursement of a Medicaid lien. Rule 4(c) Report and Proffer at 7.
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 Rule
4(c) Report and Proffer.
Pursuant to the terms stated in combined Rule 4(c) Report and Proffer,3 I award
$313,555.19 as follows:
1. A lump sum payment of $279,440.19, representing $250,000.00 for pain and
suffering and $29,440.19 for actual unreimbursable expenses in the form of
a check payable to Petitioner, as legal representative of the estate of
Kenneth W. Jackman; and
2. A lump sum payment of $34,115.00, representing reimbursement of a
Medicaid lien for services rendered to Mr. Jackman, in the form of a check
payable jointly to Petitioner and Prestige Care, and mailed to:
Prestige Care, Inc.
Attention: Merrideth Malone
Re: Clarkston-PRSTG/23789
7700 SE Parkway Dr., Ste 300
Vancouver, WA 98668-6654.
Rule 4(c) Report and Proffer at 6. Petitioner agrees to endorse the check to Prestige
Care for satisfaction of the Medicaid lien. This amount represents compensation for all
items of 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 Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an
attachment to this Decision.
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