VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00330 Package ID: USCOURTS-cofc-1_24-vv-00330 Petitioner: Jon Jameson Filed: 2025-05-12 Decided: 2025-06-18 Vaccine: Tdap Vaccination date: 2023-01-19 Condition: left shoulder injury related to vaccination administration (SIRVA) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Jon Jameson filed a petition for vaccine compensation on May 12, 2025, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on January 19, 2023. The Tdap vaccine is listed on the Vaccine Injury Table. Jameson alleged that his symptoms lasted for more than six months and that he had not received a prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that Jameson sustained a SIRVA Table injury or that the vaccine caused his injury. Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation as its decision. Jon Jameson was awarded a lump sum of $15,000.00 for all items of damages available under the Vaccine Act. This amount is to be paid through an ACH deposit to his counsel's IOLTA account for prompt disbursement. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and litigation costs. The stipulation represents a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00330-0 Date issued/filed: 2025-06-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/12/2025) regarding 23 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00330-UNJ Document 27 Filed 06/18/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0330V JON JAMESON, Chief Special Master Corcoran Petitioner, Filed: May 12, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 1, 2024, Jon Jameson 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”) resulting from a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on January 19, 2023. Petition at 1; Stipulation, filed May 9, 2025, at ¶¶ 2-4. Petitioner further alleges that the Tdap vaccine was administered in the United States, his symptoms lasted for more than six months, and there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury or condition. Petitionat¶¶ 2, 10-12;Stipulationat ¶¶ 3-5.“Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged left shoulder injury or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 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 1:24-vv-00330-UNJ Document 27 Filed 06/18/25 Page 2 of 7 Nevertheless, onMay 9, 2025,the parties filed the attachedjoint 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 lump sum of $15,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents 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 1:24-vv-00330-UNJ Document 27 Filed 06/18/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JON JAMESON, ) ) Petitioner, ) ) No. 24-330V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) ________________ Respondent. ) ) STIPULATION The parties hereby stipulate to the following matters: 1. Jon Jameson ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to-34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of a tetanus, diphtheria, and acellular pertussis ("Tdap") vaccine, which is a vaccine contained in the Vaccine Injury Table (the ''Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the Tdap vaccine on January 19, 2023. 3. The vaccination was administered within the United States. 4. Petitioner alleges that he sustained a left shoulder injury related to vaccination administration ("SIRVA") within the time period set forth in the Table following administration of the Tdap vaccine, or in the alternative, that his alleged shoulder injury was caused by the Tdap vaccine. He further alleges that he experienced the residual effects of this alleged injury for more than six months. Case 1:24-vv-00330-UNJ Document 27 Filed 06/18/25 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury or condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged left shoulder injury or any other injury; and denies that his current condition is a sequela ofa 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 ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $15,000.00 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 42 U.S.C. § 300aa-15(a). 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-2 l (a)( l ), 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. I 0. Petitioner and his 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-15(g), to the extent that payment has been made or can reasonably be 2 Case 1:24-vv-00330-UNJ Document 27 Filed 06/18/25 Page 5 of 7 expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title 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 will 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 unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner 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-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his 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 Health and Human Services from any and all actions or causes of 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 National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO 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 Tdap vaccination administered on January 19, 2023, as alleged by petitioner in a petition for vaccine compensation filed on or about March 1, 2024, in the United States Court of Federal Claims as petition No. 24-330V. 3 Case 1:24-vv-00330-UNJ Document 27 Filed 06/18/25 Page 6 of 7 14. If 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. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the Tdap vaccine caused petitioner's alleged SIRVA injury or any other injury or his current condition, 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 I I I I 4 Case 1:24-vv-00330-UNJ Document 27 Filed 06/18/25 Page 7 of 7 Respectfully submitted, PETITIONER: JON JAMESON ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR TITIONER: OF THE ATTORNEY GENERAL: ~~):L~ HEATIIER L. PEARLMAN Deputy Director Torts Branch 715 Twining Road, Suite 208 Civil Division Dresher, PA 19025 U.S. Department of Justice (215) 885-1655 P.O. Box 146 bridget@mullerbrazil.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffreys. Beach-$ Digitally signed by J