Jaquel E. Simmons v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Jaquel E. Simmons, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2024.
He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 20, 2021. Mr.
Simmons stated that the vaccine was administered in the United States, that his injury lasted for more than six months, and that he had not filed any other action for his vaccine-related injury. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 22, 2024, the Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, finding that Mr. Simmons satisfied the criteria for a SIRVA Table injury and all legal prerequisites for compensation under the Vaccine Act.
Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 3, 2024, finding Petitioner entitled to compensation.
Subsequently, on January 15, 2025, Respondent filed a proffer of damages, recommending an award of $45,000.00 for pain and suffering, which Petitioner accepted. On March 7, 2025, Chief Special Master Corcoran issued a Decision awarding Petitioner a lump sum payment of $45,000.00 for pain and suffering, to be paid through an ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement.
Petitioner was represented by Jubaile Abila of Groth Law Firm, SC, and Respondent was represented by Austin Joel Egan of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Jaquel E. Simmons alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 20, 2021. The Respondent conceded entitlement, finding that Petitioner met the criteria for a SIRVA Table injury. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories. Petitioner was represented by Jubaile Abila (Groth Law Firm, SC) and Respondent by Austin Joel Egan (U.S. Department of Justice). Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on December 3, 2024, and the Decision awarding damages on March 7, 2025. The award was a lump sum of $45,000.00 for pain and suffering.
Source PDFs
USCOURTS-cofc-1_24-vv-00148