VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01937
Package ID: USCOURTS-cofc-1_18-vv-01937
Petitioner: Kirsten Somarelli
Filed: 2019-01-03
Decided: 2020-03-27
Vaccine: meningococcal B
Vaccination date: 2018-06-18
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Kirsten Somarelli filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a BexSero-Serogroup B Meningococcal vaccine on June 18, 2018. The petition stated she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation. Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting the absence of prior shoulder issues, the timing of the pain post-vaccination, and the duration of symptoms. Based on this concession and the medical records, entitlement to compensation was granted. Subsequently, Respondent filed a proffer on award of compensation, recommending $55,000.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master awarded Kirsten Somarelli a lump sum payment of $55,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01937-0
Date issued/filed: 2020-02-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/03/2020) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01937-UNJ Document 29 Filed 02/03/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1937V
UNPUBLISHED
KIRSTEN SOMARELLI, Chief Special Master Corcoran
Petitioner, Filed: January 3, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Meningococcal Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jason Robert Ohliger, Weinstein, Zimmerman & Ohliger, Milford, PA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On December 19, 2018, Kirsten Somarelli 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 sustained a SIRVA after receiving a
BexSero-Serogroup B Meningococcal vaccine on June 18, 2018. Petition at 1.
Petitioner further alleges that she received the vaccination in the United States, that she
suffered the residual effects of her SIRVA for more than six months, and that she has
not filed a civil action or received compensation for her SIRVA. Id. at 2-3. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:18-vv-01937-UNJ Document 29 Filed 02/03/20 Page 2 of 2
On January 2, 2020, 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. Specifically, Respondent concluded that “Petitioner’s alleged injury is consistent
with SIRVA as defined on the Vaccine Injury Table. Specifically, petitioner had no
history of pain, inflammation, or dysfunction of her right shoulder; pain occurred within
48 hours after receipt of an intramuscular vaccination; pain 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 . . . . Additionally, based on the medical
records outlined above, petitioner suffered the residual effects of her condition for more
than six months.” Id. at 5-6 (citing 42 C.F.R. §§ 100.3(a), (c)(10); 42 U.S.C. §§ 300aa-
13(a)(1)(B), 300aa-11(c)(1)(D)(i)). Respondent further agrees that the scope of
damages to be awarded is limited to Petitioner’s SIRVA and its related sequela only. Id.
at 6.
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_18-vv-01937-1
Date issued/filed: 2020-03-27
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/26/2020) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01937-UNJ Document 33 Filed 03/27/20 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1937V
UNPUBLISHED
KIRSTEN SOMARELLI, Chief Special Master Corcoran
Petitioner, Filed: February 26, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Meningococcal Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jason Robert Ohliger, Weinstein, Zimmerman & Ohliger, Milford, PA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 19, 2018, Kirsten Somarelli 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 sustained a SIRVA after receiving a
BexSero-Serogroup B Meningococcal vaccine on June 18, 2018. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 3, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On February 26, 2020, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $55,000.00.
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
proffered award. Id. at 2. Based on the record as a whole, I find that Petitioner is
entitled to an award as stated in the Proffer.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the
E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:18-vv-01937-UNJ Document 33 Filed 03/27/20 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $55,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under § 15(a).
The clerk of the 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 1:18-vv-01937-UNJ Document 33 Filed 03/27/20 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KIRSTEN SOMARELLI, )
)
Petitioner, )
) No. 18-1937V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 19, 2018, Kirsten Somarelli (“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 she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of a meningococcal B vaccine she received on June 16,
2018. Petition at 1. On January 15, 2019, petitioner filed an amended petition to correct the
exhibits referenced in the original petition. ECF No. 7. On January 2, 2020, 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, and on January 3, 2020, the Chief
Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF
No. 26; ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Kirsten Somarelli should be awarded $55,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and

Case 1:18-vv-01937-UNJ Document 33 Filed 03/27/20 Page 4 of 5
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). 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 Kirsten Somarelli 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 $55,000.00,
representing compensation for pain and suffering, in the form of a check payable to petitioner,
Kirsten Somarelli.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Kirsten Somarelli: $55,000.00
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
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 1:18-vv-01937-UNJ Document 33 Filed 03/27/20 Page 5 of 5
s/ Sarah C. Duncan
SARAH C. DUNCAN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Fax: (202) 616-4310
DATED: February 26, 2020
3