John Jennings v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
John Jennings filed a petition for compensation under the National Vaccine Injury Compensation Program on February 6, 2023, alleging he suffered a left-sided shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on September 30, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 21, 2023, conceding that Mr.
Jennings' alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on November 27, 2023, finding Petitioner entitled to compensation. Subsequently, on February 28, 2024, the respondent filed a proffer on award of compensation, which Mr.
Jennings agreed to. Chief Special Master Corcoran issued a Decision on Damages on April 1, 2024, awarding a lump sum payment of $82,406.36.
This award comprised $80,000.00 for pain and suffering and $2,406.36 for out-of-pocket expenses, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and the respondent was represented by Jennifer A.
Shah of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Mr. Jennings, nor does it name any medical experts.
Theory of causation
Petitioner John Jennings alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 30, 2021. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table (42 C.F.R. §§ 100.3(a), (c)(10)) and that Petitioner met all legal prerequisites for compensation. Petitioner was found entitled to compensation. The award was a lump sum of $82,406.36, consisting of $80,000.00 for pain and suffering and $2,406.36 for out-of-pocket expenses. This case proceeded as a stipulation based on the respondent's concession and agreement on the award amount. The public text does not detail the specific mechanism of injury, medical experts, or evidence presented beyond the respondent's concession. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on November 27, 2023, and the Decision on Damages on April 1, 2024. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Jennifer A. Shah.
Source PDFs
USCOURTS-cofc-1_23-vv-00162