VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00439
Package ID: USCOURTS-cofc-1_19-vv-00439
Petitioner: Jennifer Venier
Filed: 2019-03-25
Decided: 2023-03-16
Vaccine: influenza
Vaccination date: 2017-09-29
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 200467

AI-assisted case summary:
Jennifer Venier filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination she received on September 29, 2017, caused Shoulder Injury Related to Vaccine Administration (SIRVA) and Complex Regional Pain Syndrome (CRPS). The respondent conceded that Ms. Venier was entitled to compensation, agreeing that her injury met the criteria for SIRVA as a Table injury. The ruling on entitlement was issued on June 17, 2020. Subsequently, on February 7, 2023, the respondent filed a proffer on award of compensation, recommending an award of $200,467.61. This amount was comprised of $175,000.00 for pain and suffering, $22,218.60 for lost wages, and $3,249.01 for past unreimbursed expenses. Ms. Venier, who is a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding Ms. Venier the lump sum of $200,467.61 on March 16, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00439-0
Date issued/filed: 2020-07-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/17/2020) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00439-UNJ Document 25 Filed 07/21/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-439V
UNPUBLISHED
JENNIFER VENIER, Chief Special Master Corcoran
Petitioner, Filed: June 17, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 25, 2019, Jennifer Venier 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 injuries, including Shoulder Injury
Related to Vaccine Administration (SIRVA), resulting from adverse effects of an
influenza (flu) vaccination she received on September 29, 2017. Petition at 1.
Petitioner also alleges that the vaccine caused Petitioner to develop Complex Regional
Pain Syndrome (CRPS). Id. 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 1:19-vv-00439-UNJ Document 25 Filed 07/21/20 Page 2 of 2
On June 16, 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 states that it is his “position that [P]etitioner has satisfied
the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids
to Interpretation (QAI); [P]etitioner had no history of pain, inflammation or dysfunction in
her left shoulder; her pain and reduced range of motion occurred within 48 hours of
receipt of an intramuscular vaccination; her symptoms were limited to the shoulder in
which the vaccine was administered; and no other condition or abnormality was
identified to explain her initial symptoms.” Id. at 7. Respondent further agrees that the
scope of damages to be awarded is limited to Petitioner’s SIRVA and its related
sequelae only. Id. Respondent specifies that he does not view any injury claim of
CRPS as sequelae of or related to Petitioner’s SIRVA. Id. n.1.
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_19-vv-00439-1
Date issued/filed: 2023-03-16
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/13/2023) regarding 46 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:19-vv-00439-UNJ Document 50 Filed 03/16/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-439V
UNPUBLISHED
JENNIFER VENIER, Chief Special Master Corcoran
Petitioner, Filed: February 13, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 25, 2019, Jennifer Venier 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 injuries, including Shoulder Injury
Related to Vaccine Administration (SIRVA), resulting from adverse effects of an influenza
(flu) vaccination she received on September 29, 2017. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 17, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA and related sequelae. On February 7, 2023, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$200,467.61, comprised of $175,000.00 for pain and suffering, $22,218.60 for lost wages;
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 1:19-vv-00439-UNJ Document 50 Filed 03/16/23 Page 2 of 5
and $3,249.01 for past unreimbursed expenses. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $200,467.61, comprised of $175,000.00 for pain and suffering,
$22,218.60 for lost wages; and $3,249.01 for past unreimbursed expenses in the
form of a check payable 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 1:19-vv-00439-UNJ Document 50 Filed 03/16/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JENNIFER VENIER, )
)
Petitioner, )
) No. 19-439V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 16, 2020, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. On June 17, 2020, Chief Special Master Corcoran issued a
Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her
Shoulder Injury Related to Vaccine Administration (“SIRVA”) and related sequela.1
I. Amount of Compensation
Respondent now proffers that, based on the Chief Special Master’s entitlement decision
and the evidence of record, petitioner should be awarded $200,467.61. The award is comprised
of the following: $175,000.00 for pain and suffering, $22,218.60 for lost wages; and $3,249.01
for past unreimbursed expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1 Petitioner was subsequently also diagnosed with complex regional pain syndrome (“CRPS”).
1

Case 1:19-vv-00439-UNJ Document 50 Filed 03/16/23 Page 4 of 5
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as
described below, and request that the Chief Special Master’s damages decision and the Court’s
judgment award the following: 2
A. Petitioner’s Damages
Respondent recommends that the compensation provided to petitioner should be made
through:
a lump sum of $200,467.61, 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).
Petitioner agrees.
B. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2 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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:19-vv-00439-UNJ Document 50 Filed 03/16/23 Page 5 of 5
/s/ Kyle E. Pozza
KYLE E. POZZA
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) 616-3661
E-mail: Kyle.Pozza@usdoj.gov
Dated: February 7, 2023
3