VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00148
Package ID: USCOURTS-cofc-1_24-vv-00148
Petitioner: Jaquel E. Simmons
Filed: 2024-12-03
Decided: 2025-03-07
Vaccine: influenza
Vaccination date: 2021-10-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00148-0
Date issued/filed: 2025-01-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/03/2024) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00148-UNJ Document 20 Filed 01/02/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-148V
JAQUEL E. SIMMONS, Chief Special Master Corcoran
Petitioner, Filed: December 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jubaile Abila, Growth Law Firm, S.C., Brookfield, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 31, 2024, Jaquel E. Simmons 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 shoulder injury related to vaccine
administration (“SIRVA”) following an influenza vaccine administered on October 20,
2021. Petition at 1. Petitioner further alleges that the vaccine was administered within the
United States, that he suffered from his injury for more than six months, and that he has
not filed any other action for his vaccine-related injury. Petition at 1-2. 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 1:24-vv-00148-UNJ Document 20 Filed 01/02/25 Page 2 of 2
On November 22, 2024, R espondent 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 has concluded that Petitioner has satisfied the
criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to
Interpretation for a SIRVA. Id. at 3-4. Respondent further agrees that Petitioner 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_24-vv-00148-1
Date issued/filed: 2025-03-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/03/2025) regarding 22 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00148-UNJ Document 26 Filed 03/07/25 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-148V
JAQUEL E. SIMMONS, Chief Special Master Corcoran
Petitioner, Filed: February 3, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jubaile Abila, Groth Law Firm, SC, Brookfield, WI, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 31, 2024, Jaquel E. Simmons 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza vaccine administered on October 20,
2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On December 3, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 15, 2025, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00
representing pain and suffering. Proffer at 1. 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.
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 1:24-vv-00148-UNJ Document 26 Filed 03/07/25 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $45,000.00 (representing pain and suffering) to be paid through an
ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:24-vv-00148-UNJ Document 26 Filed 03/07/25 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JAQUEL E. SIMMONS, )
)
Petitioner, )
) No. 24-148V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER OF DAMAGES
On January 31, 2024, Jaquel E. Simmons (“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 he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza (“flu”) vaccine he received on October 20, 2021. Pet. at 1. On November 22, 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 December 3, 2024, the Chief Special Master issued a Ruling on Entitlement
finding petitioner is entitled to compensation. ECF Nos. 16-17.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$45,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.

Case 1:24-vv-00148-UNJ Document 26 Filed 03/07/25 Page 4 of 4
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 $45,000.00 to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ AUSTIN J. EGAN
Austin J. Egan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 451-7479
Austin.J.Egan@usdoj.gov
Date: January 15, 2025
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