VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00318
Package ID: USCOURTS-cofc-1_23-vv-00318
Petitioner: Ashley Jennings
Filed: 2023-03-03
Decided: 2024-09-10
Vaccine: influenza
Vaccination date: 2021-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50225

AI-assisted case summary:
Ashley Jennings filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 7, 2021. The petition stated that the injury caused pain and impairment lasting longer than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent agreed that Petitioner had no prior history of shoulder issues, that pain occurred within 48 hours of vaccination, that the pain and reduced range of motion were limited to the injection shoulder, and that no other condition explained the pain. The respondent also agreed that the injury's residual effects lasted more than six months and that Petitioner met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, a ruling on entitlement found Petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $50,225.00, which included $50,000.00 for pain and suffering and $225.00 for past unreimbursable expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Ashley Jennings a lump sum payment of $50,225.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00318-0
Date issued/filed: 2024-08-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/10/2024) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00318-UNJ Document 35 Filed 08/12/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0318V
ASHLEY JENNINGS, Chief Special Master Corcoran
Petitioner, Filed: July 10, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 3, 2023, Ashley 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on October
7, 2021. Petition at 1. Petitioner further alleges that the flu vaccine was administered in
the United States, her pain and impairment lasted longer than six months, and neither
Petitioner, nor any other party, has ever filed any action or received compensation in the
form of an award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 15,
17, 18. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
1 Because this 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-00318-UNJ Document 35 Filed 08/12/24 Page 2 of 2
On July 8, 2024, 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 injury is consistent with SIRVA as
defined by the Vaccine Injury Table in that “petitioner had no history of pain, inflammation,
or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight
hours after receipt of an intramuscular vaccination; pain and reduced range of motion
[were] limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at
3. Respondent further agrees that the records demonstrate that Petitioner suffered the
residual effects of her condition for more than six months and has satisfied all legal
prerequisites for compensation under the Vaccine Act. Id. at 4.
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-00318-1
Date issued/filed: 2024-09-10
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/07/2024) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00318-UNJ Document 38 Filed 09/10/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0318V
ASHLEY JENNINGS, Chief Special Master Corcoran
Petitioner, Filed: August 7, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 3, 2023, Ashley 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on October
7, 2021. Petition at 1. Petitioner further alleges that the flu vaccine was administered in
the United States, her pain and impairment lasted longer than six months, and neither
Petitioner, nor any other party, has ever filed any action or received compensation in the
form of an award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 15,
17, 18. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On July 10, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 7, 2024, Respondent filed a proffer on award of
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-00318-UNJ Document 38 Filed 09/10/24 Page 2 of 5
compensation (“Proffer”) indicating Petitioner should be awarded $50,225.00. Proffer at
2. In the Proffer, 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 Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $50,225.00 (comprised of $50,000.00 in pain and suffering and
$225.00 for past unreimbursable 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-00318-UNJ Document 38 Filed 09/10/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ASHLEY JENNINGS, )
)
Petitioner, )
) No. 23-318V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 3, 2023, Alice McCarthy (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of a human
papillomavirus (“HPV”) vaccine she received on October 7, 2021. Petition at 1. On July 8,
2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report
indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA
Table injury, and on July 10, 2024, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 26; ECF No. 28.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $50,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:23-vv-00318-UNJ Document 38 Filed 09/10/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $225.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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 $50,225.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Ashley Jennings: $50,225.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:23-vv-00318-UNJ Document 38 Filed 09/10/24 Page 5 of 5
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Bridget A. Corridon
BRIDGET A. CORRIDON
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) 305-4117
Email: bridget.corridon@usdoj.gov
DATED: August 7, 2024
3