VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00162
Package ID: USCOURTS-cofc-1_23-vv-00162
Petitioner: John Jennings
Filed: 2023-11-27
Decided: 2024-04-01
Vaccine: influenza
Vaccination date: 2021-09-30
Condition: left-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 82406

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00162-0
Date issued/filed: 2023-12-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/27/2023) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00162-UNJ Document 26 Filed 12/28/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0162V
JOHN JENNINGS, Chief Special Master Corcoran
Petitioner,
v. Filed: November 27, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 6, 2023, John 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 left-sided shoulder injury related to
vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccine received on
September 30, 2021. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
1 Because this unpublished 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 (2018).

Case 1:23-vv-00162-UNJ Document 26 Filed 12/28/23 Page 2 of 2
On November 21, 2023, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c)
Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table. Id. at 4 (citing 42 C.F.R. §§ 100.3(a),
(c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id.
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_23-vv-00162-1
Date issued/filed: 2024-04-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/28/2024) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00162-UNJ Document 34 Filed 04/01/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0162V
JOHN JENNINGS, Chief Special Master Corcoran
Petitioner,
v. Filed: February 28, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On February 6, 2023, John 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 alleged that he suffered a left-sided shoulder injury related to
vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccine received on
September 30, 2021. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 27, 2023, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On February 28, 2024, Respondent filed a proffer on
award of compensation (“Proffer”). Respondent represented that Petitioner agrees with
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 1:23-vv-00162-UNJ Document 34 Filed 04/01/24 Page 2 of 5
the proffered award. Id. at 2. 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 attached Proffer, I award a lump sum
payment of $82,406.36 (representing $80,000.00 for pain and suffering, and
$2,406.36 for out-of-pocket expenses) in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under
Section 15(a).
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 1:23-vv-00162-UNJ Document 34 Filed 04/01/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHN JENNINGS,
Petitioner,
No. 23-162V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 6, 2023, John Jennings (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
–34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that he suffered a Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of an influenza vaccination
administered on September 30, 2021. Petition at 1.
On November 21, 2023, respondent filed his Vaccine Rule 4(c) report, recommending
that compensation be awarded. ECF No. 22. On November 27, 2023, this Court issued a Ruling
on Entitlement finding petitioner entitled to compensation. ECF No. 24.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $82,406.36, consisting of
$80,000.00 for pain and suffering and $2,406.36 for out-of-pocket expenses. This represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.

Case 1:23-vv-00162-UNJ Document 34 Filed 04/01/24 Page 4 of 5
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $82,406.36, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, John Jennings.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, John Jennings: $82,406.36.
Respectfully submitted,
BRIAN BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
COLLEEN C. HARTLEY
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:23-vv-00162-UNJ Document 34 Filed 04/01/24 Page 5 of 5
s/ Jennifer A. Shah
Jennifer A. Shah
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-2181
Jennifer.shah@usdoj.gov
Dated: February 28, 2024
3