Amy Martineau Jereb v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On March 24, 2022, Amy Bishop, later captioned as Amy Martineau Jereb, filed a petition alleging that an influenza vaccine administered on October 13, 2020 caused a Table shoulder injury related to vaccine administration. Entitlement and damages were contested.
Respondent challenged only whether Ms. Jereb proved shoulder-pain onset within forty-eight hours of vaccination; he did not contest the remaining SIRVA elements.
Ms. Jereb sought $65,000.00 for pain and suffering and $693.72 for a Medicaid lien.
Respondent argued for $20,000.00 for pain and suffering and $681.19 for the Medicaid lien if entitlement was found. Chief Special Master Brian H.
Corcoran resolved the dispute at a December 19, 2025 expedited Motions Day hearing and incorporated the oral ruling into the written decision. He found onset within forty-eight hours and all other Table SIRVA requirements met.
He awarded $37,500.00 for actual pain and suffering and $681.19 for a Virginia Medicaid lien payable to the Office of the Attorney General, Financial Recovery Section, for a total of $38,181.19. Ms.
Jereb was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C.
Theory of causation
Adult petitioner; influenza vaccine October 13, 2020; Table SIRVA. COMPENSATED after contested Motions Day ruling. Respondent challenged onset within 48 hours only; other SIRVA elements not challenged. SM Corcoran found onset and Table requirements met December 19, 2025. Award $38,181.19 = $37,500.00 pain/suffering + $681.19 Virginia Medicaid lien. Petition filed March 24, 2022. Attorney: Jonathan Joseph Svitak.
Source PDFs
USCOURTS-cofc-1_22-vv-00324