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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1444V
JENNIFER JENNINGS, Chief Special Master Corcoran
Petitioner, Filed: January 23, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Amy Collignon Gunn, Simon Law Firm, PC, St. Louis, MO, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 7, 2021, Jennifer 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 adverse effects of an influenza (“flu”) vaccination received on November 6, 2019. Petition at 1; Stipulation, filed at January 23, 2024, ¶¶ 1- 2. Petitioner further alleges the vaccine was administered within the United States, the residual effects of her injury persisted for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1, 3-4; Stipulation at ¶¶ 3- 5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged SIRVA, or any other injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
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). Nevertheless, on January 23, 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 lump sum of $30,000.00 in the form of a check payable 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
JENNIFER JENNINGS,
Petitioner,
V. No. 21-1444V Chief Specfal Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES,
STIPULATION
The parties hereby stipulate to the following matters:
1. Jennifer Jennings (..petitioner") filed a petitjon for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (1he "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § J00.3(a).
2. Petitioner received a flu vaccination on November 6, 2019.
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that she sustained a TabJe shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table following administration
of the vaccine. Petitioner furtber alleges that she 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 her behalf as a result of her condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused petitioner's alleged SIRVA, or any other injw-y; 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 oftbis Stipulation.
8. As soon as practicable after an entry ofjudgment renecting a decision consistent
with the tenns ofthls 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:
a lump sum of $30,000.00, in the form of a check payable 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 ofjudgment 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)(J ), and an application, the parties wiU submit to funher proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her 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- IS(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 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.
2 l l. Payment made pursuant to paragraph 8 and any a,hounts awarded pursuant to
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$033&$5&%
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1444V
JENNIFER JENNINGS, Chief Special Master Corcoran
Petitioner, Filed: January 23, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Amy Collignon Gunn, Simon Law Firm, PC, St. Louis, MO, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 7, 2021, Jennifer 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 adverse effects of an influenza (“flu”) vaccination received on November 6, 2019. Petition at 1; Stipulation, filed at January 23, 2024, ¶¶ 1- 2. Petitioner further alleges the vaccine was administered within the United States, the residual effects of her injury persisted for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1, 3-4; Stipulation at ¶¶ 3- 5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged SIRVA, or any other injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
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). Nevertheless, on January 23, 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 lump sum of $30,000.00 in the form of a check payable 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
JENNIFER JENNINGS,
Petitioner,
V. No. 21-1444V Chief Specfal Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES,
STIPULATION
The parties hereby stipulate to the following matters:
1. Jennifer Jennings (..petitioner") filed a petitjon for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (1he "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § J00.3(a).
2. Petitioner received a flu vaccination on November 6, 2019.
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that she sustained a TabJe shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table following administration
of the vaccine. Petitioner furtber alleges that she 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 her behalf as a result of her condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused petitioner's alleged SIRVA, or any other injw-y; 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 oftbis Stipulation.
8. As soon as practicable after an entry ofjudgment renecting a decision consistent
with the tenns ofthls 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:
a lump sum of $30,000.00, in the form of a check payable 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 ofjudgment 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)(J ), and an application, the parties wiU submit to funher proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her 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- IS(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 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.
2 l l. Payment made pursuant to paragraph 8 and any a,hounts 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 flu ds
12. The pa11ies and their attorneys further agree and tjpuJate that, except for any
award for attorneys' fees, and litigation co:,1s, and past urire1mbursable expenses, the money
provided pursuant to this Stipulation will be used solely for lbe benefit of petitioner as
contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the
conditions of 42 V.S.C. § 300aa- l5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, ex&.1Jtors, administrators, successors or assigns,
does forevt.T irrevocably and unconditionally release. acquit and discharge the United States and
the Secretary of Health and Human Services from any and all act.ions 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-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, flu vaccination adminjstered on November 6, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on or about June 7, 2021, in the
United States Court of Federal Claims as petition No. 21-1444V.
14. If petitioner shouJd die prior to entry ofjudgment, tms agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
3 15. If the special master fails to issue a decision in complete confonn.ity with the
tenns of this Stipulalion or if the Court of Federal Claims fails to enter judgment in confonnity
with u decision that is in comp]ete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be vojdable 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. 111ere is absolulely 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 compensatfon sought, is not grounds to modify or revise this agreement.
J7. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA
or any other injwy or petitioner's 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 STIPULATJON Respectfully submitted,
PETmON ER:
ATTORNEY OF RECORD FOR AUTHORIZED Rt:PRESENTATIVE PETITIONER: OF THE ATrORNEY GENERAL:
~GUNN.ESQ. ,~lliEm'lJt~ ~ L1~ THE SIMON LAW FIRM. P.C. Deputy Director 800 Market Street Su;te 1700 Torts Branch St Louis. M.O. 63101 Civil Division (314) 241-2929 U.S. Department of Justice asunn@simonlawpc.com P.O. Box 146 Benjamin Franklin Station Washinston. DC 20044--0146
AUTHORIZED REPRESENTATIVE A'ITORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVJCES: Henry P. ==='-&$
by Mcmillan ·SS=~.: CDR GEORGE REED GRIMES, MD, MPH CAMILLEJ. WEBSTER Director. Division of Injury Trial Attorney Compensation Programs Torts Branch. Civil Division Health Systems Bureau U.S. Department of Justice Health Resour<:es and Services P.O.Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, DC 20044..0146 and Human Services Tel: (202) 307-3241 5600 Fishers Lane, 08W-2SA Camille.Webster@usdoj.gov Rockville, MD 20857
Dated: I/ I 3 / 2, '-f
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