VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00181 Package ID: USCOURTS-cofc-1_24-vv-00181 Petitioner: Christopher T. Jackson Filed: 2024-02-06 Decided: 2025-05-02 Vaccine: influenza Vaccination date: 2022-10-24 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Christopher T. Jackson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 24, 2022. He further alleged that the residual effects of his injury lasted for more than six months. The respondent conceded that Mr. Jackson's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting he had no prior shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent agreed that Mr. Jackson satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on December 10, 2024, finding him entitled to compensation. Subsequently, on March 24, 2025, the respondent filed a proffer on award of compensation, recommending a total of $75,000.00 for pain and suffering, which Mr. Jackson agreed to. On May 2, 2025, the Chief Special Master issued a decision awarding Mr. Jackson a lump sum payment of $75,000.00 for all damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00181-0 Date issued/filed: 2025-01-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/10/2024) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00181-UNJ Document 23 Filed 01/22/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0181V CHRISTOPHER T. JACKSON, Chief Special Master Corcoran Petitioner, Filed: December 10, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner. Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 6, 2024, Christopher T. Jackson 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 vaccination he received on October 24, 2022. Petition at 1. Petitioner further alleges that he suffered the residual effects of his vaccine injury for more than six months. Petition at ¶ 26. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 6, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined 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-00181-UNJ Document 23 Filed 01/22/25 Page 2 of 2 by the Vaccine Injury Table. Specifically, Petitioner had no history of pain, inflammation, or dysfunction of his left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was 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 7-8. Respondent further agrees that “based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 8. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00181-1 Date issued/filed: 2025-05-02 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/26/2025) regarding 27 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00181-UNJ Document 31 Filed 05/02/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0181V CHRISTOPHER T. JACKSON, Chief Special Master Corcoran Petitioner, v. Filed: March 26, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner. Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 6, 2024, Christopher T. Jackson 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 shoulder injury related to vaccine administration (“SIRVA”) following an influenza vaccination he received on October 24, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 10, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On March 24, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $75,000.00 in pain and suffering. Proffer at 1-2. 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. 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-00181-UNJ Document 31 Filed 05/02/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $75,000.00, 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-00181-UNJ Document 31 Filed 05/02/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHRISTOPHER T. JACKSON, Petitioner, v. No. 24-181V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 6, 2024, Christopher T. Jackson (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34, 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 that he received on October 24, 2022. ECF No. 1 at 1. On December 6, 2024, respondent filed a Rule 4(c) Report, recommending that compensation be awarded. ECF No. 18. On December 10, 2024, Chief Special Master Corcoran issued a Ruling on Entitlement, agreeing with respondent that petitioner’s claim meets the Table criteria for SIRVA. ECF No. 19. I. Compensation Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:24-vv-00181-UNJ Document 31 Filed 05/02/25 Page 4 of 5 This amount represents 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 following:1 a. A lump sum payment of $75,000.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, JR. 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 1:24-vv-00181-UNJ Document 31 Filed 05/02/25 Page 5 of 5 /s/ Neil Bhargava NEIL BHARGAVA Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-3989 Email: neil.bhargava@usdoj.gov Dated: March 24, 2025 3