VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00637
Package ID: USCOURTS-cofc-1_23-vv-00637
Petitioner: Erica Jennings
Filed: 2023-05-03
Decided: 2024-08-20
Vaccine: HPV
Vaccination date: 2021-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 98999

AI-assisted case summary:
Erica Jennings filed a petition for compensation under the National Vaccine Injury Compensation Program on May 3, 2023, alleging a shoulder injury related to vaccine administration (SIRVA) from a human papilloma virus (HPV) vaccine received on October 14, 2021. She also received an influenza vaccine on the same date. Jennings alleged that the vaccines were administered in the United States, her injuries lasted more than six months, and no prior action or compensation had been sought for these injuries. Respondent denied that Jennings sustained a SIRVA Table injury, denied that the vaccines caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the issues and award compensation. The court adopted the stipulation as its decision. Erica Jennings was awarded a total of $98,999.00, comprising $2,876.30 for reimbursement of a Medicaid lien and $96,123.70 for all remaining elements of compensation. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act. The parties also agreed to proceedings for reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00637-0
Date issued/filed: 2024-08-20
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/15/2024) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00637-UNJ Document 46 Filed 08/20/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0637V
ERICA JENNINGS, Chief Special Master Corcoran
Petitioner, Filed: July 15, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for
Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 3, 2023, Erica 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 ahuman papilloma virus (“HPV”) vaccine received
on October 14, 2021. Petition at 1-8; Stipulation, filed July 15, 2024, at ¶¶ 2-4. Petitioner
also received an influenza vaccine on the same date. Id. Petitioner further alleges that
the vaccines were administered in the United States, her vaccine related injuries have
lasted more than six months, and neither Petitioner, nor any other party, has ever brought
an action or received compensation in the form of an award or settlement, for Petitioner’s
vaccine-related injuries. Petition at ¶¶ 1, 27, 29, 30; Stipulation at ¶¶ 3-5; Ex. 1.
“Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
1Because 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.
2National 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-00637-UNJ Document 46 Filed 08/20/24 Page 2 of 8
vaccines caused petitioner’s alleged shoulder injury, or any other injury; and denies that
petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on July 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.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A. A lump sum of $2,876.30 representing reimbursement of a Medicaid
lien for services rendered to petitioner by Molina Healthcare of
Mississippi, in the form of a check payable jointly to Petitioner and
Optum:
Optum
Attention: Duncan Burgess
Optum Event Number: 182714983
Patient: Erica Jennings
Date of Loss: 10/14/2021
P.O. Box 182643
Columbus, OH 43218
B. A lump sum of $96,123.70 in the form of a check payable to Petitioner
for all remaining elements of compensation.
Stipulation at ¶ 8. These amounts represent 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 1:23-vv-00637-UNJ Document 46 Filed 08/20/24 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ERICA JENNINGS,
Petitioner,
No. 23-637V (ECF)
Chier Special Master Corcoran
V.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Erica Jennings, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine Program").
The petition seeks compensation for injuries al legcdly related to petitioner's receipt or a human
papilloma virus ("1 fPV") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received an HPV and an innuenza vaccine on October 14, 2021.
3. The vaccinations were administered within the United States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SIRVA") as set forth in the Table, or, in the alternative. that petitioner's alleged
shoulder injury was caused by the HPV vaccine. Petitioner further alleges that petitioner
experienced the residual effects of this condition 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 petitioner's condition.

Case 1:23-vv-00637-UNJ Document 46 Filed 08/20/24 Page 4 of 8
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccines caused petitioner's alleged shoulder injury, or any other injury; and denies that
petitioner's current condition is a sequela of a vaccine-related injury.
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. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has Jiled an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and lluman Services will issue
the following vaccine compensation payments:
A. A lump sum of $2,876.301 representing reimbursement of a Medicaid lien for
services rendered to petitioner by Molina Healthcare of Mississippi, in the form of
a check payable jointly to petitioner and Optum:
Optum
Attention: Duncan Burgess
Optum Event Number: 182714983
Patient: Erica .Jennings
Date of Loss: 10/14/2021
PO Box 182643
Columbus, 01143218
B. A lump sum of$96,123.70 in the form of a check payable to petitioner for all
remaining clements of compensation.
These amounts represent compensation for all damages that would be available under 42 U.S.C.
§ 300aa-l 5(a).
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Mississippi may have against any individual as a result of any
Medicaid payments the State of Mississippi has made to or on behalf of petitioner as a result of
petitioner's alleged injury relating to a vaccine administered on October 14, 2021, under Title
XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2

Case 1:23-vv-00637-UNJ Document 46 Filed 08/20/24 Page 5 of 8
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-21 (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.
l 0. 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-l 5(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 Ti tie XIX of the Social Security Act
(42 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 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation wi II 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 attorneys· fees and litigation costs, and past unrcimbursable expenses, the money provided
pursuant to this Stipulation will be used solely (or petitioner's benefit 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, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Ilealth and Human Services from any and all actions or causes of
3

Case 1:23-vv-00637-UNJ Document 46 Filed 08/20/24 Page 6 of 8
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 Vaccine 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 petitioner resulting from, or alleged to
have resulted from, the vaccinations administered on October 14, 2021, as alleged by petitioner
in a petition for vaccine compensation filed on or about May 3, 2023, in the United States Court
of Federal Claims as petition No. 23-637.
14. Tf petitioner should die prior to entry ofj udgment, 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.
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.
4

Case 1:23-vv-00637-UNJ Document 46 Filed 08/20/24 Page 7 of 8
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Service that the HPV vaccine caused petitioner's alleged injury
or any other injury or petitioner's current disabilities, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:23-vv-00637-UNJ Document 46 Filed 08/20/24 Page 8 of 8
Respectfully submitted,
PETITIONER:
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ERIC/\ JENNINGS
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
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~c-oSTIG- /
CA THERrNE HEATHER L. PEARLMA
MCTLA W Deputy Director
1015 15th St NW, Suite l 125 Torts Branch
Washington, DC 20005 Civil Division
(888) 952-5242 U.S. Department or Justice
ccostigan@mctl aw. com P.O. Box 146
Bcnjan,in Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENT AT l VE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDE T:
AND HUMAN SERVICES:
George R. Grimes - Digitally signed by George R.
Grimes •S14
S 14
Date: 2024.07.02 08:47:37 •0/4'00'
N~ ---
C/\PT GEORGE REED GRIMES, MD, MPI I
Director, Division or Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
I lealth Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Ilealth Benjamin Franklin Station
and Human ervices Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 305-1159
Rockville, MD 20857 Naseem.Kourosh@usdoj.gov
1 (\5
/1._0'L4-
Dated:
6