VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00856
Package ID: USCOURTS-cofc-1_22-vv-00856
Petitioner: James Jennings
Filed: 2022-08-04
Decided: 2024-05-16
Vaccine: influenza
Vaccination date: 2020-10-24
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 65500

AI-assisted case summary:
James Jennings filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine he received on October 24, 2020. He further alleged that his injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Jennings sustained a SIRVA Table Injury, denied that the injury was caused-in-fact by the vaccine, and denied that the vaccine caused any other injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision. Mr. Jennings was awarded a lump sum of $65,500.00 as compensation for all items of damages available under the Vaccine Act. This award represents a settlement of liability and damages claimed under the program. The stipulation also addressed the release of claims related to COVID-19 vaccines and potential future attorney's fees and costs.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00856-0
Date issued/filed: 2024-05-16
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/15/2024) regarding 40 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00856-UNJ Document 44 Filed 05/16/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0856V
JAMES JENNINGS,
Chief Special Master Corcoran
Petitioner,
v.
Filed: April 15, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Elizabeth Kyla Abramson, Maglio Christopher & Toale, PA, Washington, DC, for
Petitioner.
Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 4, 2022, James Jennings 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on October
24, 2020. Petition at 1-9; Stipulation, filed at April 15, 2024, ¶¶ 1-4. Petitioner further
alleges that his injury has lasted for more than six months. Petition at 5; Stipulation at ¶4.
“Respondent denies that petitioner sustained a SIRVA Table Injury, denies that
petitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that
the flu vaccine caused petitioner any other injury or his current condition.” Stipulation at ¶
6.
Nevertheless, on April 15, 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.
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 1:22-vv-00856-UNJ Document 44 Filed 05/16/24 Page 2 of 8
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $65,500.00, 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 1:22-vv-00856-UNJ Document 44 Filed 05/16/24 Page 3 of 8
IN THE UNITED ST A TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JAMES JENNINGS,
Petitioner, No. 22-856V (ECF)
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEAL TH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. James Jennings ("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 October 24, 2020.1
3. The vaccine was administered within the United States.
1 On February 1, 2021 and February 22, 2021, petitioner also received the first and second doses
of the COVID-19 vaccine in his left arm. Vaccines against COVID-19 are not contained in the
Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the
declaration issued by the Secretary of Health and Human Services under the Public Readiness
and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries
from COVID-19 countermeasures, including vaccines, may be compensable under the
Countermeasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202
(March 17, 2020).

Case 1:22-vv-00856-UNJ Document 44 Filed 05/16/24 Page 4 of 8
4. Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, and that he experienced
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 on petitioner's behalf as a result of the alleged injury.
6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that
petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu
vaccine caused petitioner any other injury or his current condition
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. J\s soon as practicable af"tcr 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-21(a)(l), the Secretary of"Health and lluman Services will issue
the following vaccine compensation payment for all damages that would be available under 42
lJ .S.C. § 300aa-I 5(a):
A lump sum of $65,500.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
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-2 l (a)( 1) , 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.
2

Case 1:22-vv-00856-UNJ Document 44 Filed 05/16/24 Page 5 of 8
10. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
Federal or State health benefits programs ( other than Title XIX of the Social Security Act (4 2
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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-15(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 attorney's fees and litigation costs, and past unreimbursed 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-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
assigns, (a) 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
3

Case 1:22-vv-00856-UNJ Document 44 Filed 05/16/24 Page 6 of 8
petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or
about October 24, 2020, as alleged in a petition for vaccine compensation filed on or about
August 4, 2022, in the United States Court of Federal Claims as petition No. 22-856V; and (b)
waives any and all rights to any compensation that may be available under the CICP, 42 U.S.C.
§ 247d-6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered
countermeasure, including the two doses of the COY ID-19 vaccination administered on February
1, 2021 and February 22, 2021, on their own or in combination with the flu vaccination
administered on October 24, 2020, caused or seriously aggravated the injuries that were the
subject of the petition for vaccine compensation filed on or about August 4, 2022, in the United
States Court of Federal Claims as petition No. 22-856V, specifically a shoulder injury, for which
petitioner will receive compensation pursuant to this Stipulation. As part of this waiver,
petitioner hereby withdraws any claim for compensation pending in the CICP.2 If no claim for
compensation has been filed in the CICP as of the date this Stipulation is filed, petitioner waives
the right to file a claim as described in this paragraph for compensation in the CICP.
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.
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.
2 Once incorporated into a decision by the special master, petitioner agrees that respondent will
send this Stipulation to the CICP office as evidence of petitioner's withdrawal of their CICP
claim.
4

Case 1:22-vv-00856-UNJ Document 44 Filed 05/16/24 Page 7 of 8
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 injury or
any other injury or petitioner's current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
5

Case 1:22-vv-00856-UNJ Document 44 Filed 05/16/24 Page 8 of 8
Respectfully submitted,
PETITIONER:
JAMES JENNINGS
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
-
~~~~
ELI HEATHER L. PEARLMA~ '
Mag 10 Christopher & Toale Law Firm Deputy Director
1015 15th Street NW, Suite 1125 Torts Branch
Washington, DC 20005 Civil Division
(888) 952-5242 U.S. Department of Justice
eabramson@mctlaw.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
George R. Digitally signed by
George R. Grimes -514
Grimes -514 Date: 2024.03.21
17:32:19 -04'00'
A4b.Mu~ ETM~ur
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury 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) 616-2895
Rockville, MD 20857 adam.muffett@usdoj.gov
Dated:
---------