VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01648
Package ID: USCOURTS-cofc-1_19-vv-01648
Petitioner: Jessica Sandner
Filed: 2019-10-23
Decided: 2022-06-30
Vaccine: influenza
Vaccination date: 2018-10-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Jessica Sandner filed a petition on October 23, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2018. The respondent filed a Rule 4(c) report on May 3, 2021, conceding that Ms. Sandner was entitled to compensation. The respondent concluded that Ms. Sandner met the criteria for a SIRVA as defined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. On May 4, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Sandner entitled to compensation. Subsequently, on May 24, 2022, the respondent filed a proffer on award of compensation, recommending a lump sum of $70,000.00 for pain and suffering, which Ms. Sandner agreed to. Ms. Sandner is a competent adult. On June 30, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Sandner a lump sum of $70,000.00, payable by check to Petitioner, representing all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Richard Gage of Richard Gage, P.C., and the respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Jessica Sandner alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 6, 2018. The respondent conceded entitlement, agreeing that the injury met the criteria for a SIRVA as defined in the Vaccine Injury Table. The case proceeded to an award of compensation based on a proffer. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 4, 2021, and a decision awarding damages on June 30, 2022. The award was a lump sum of $70,000.00 for pain and suffering, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Richard Gage, P.C., and respondent was represented by the U.S. Department of Justice. The specific mechanism of injury, medical evidence, or expert testimony supporting the SIRVA diagnosis were not detailed in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01648-0
Date issued/filed: 2021-06-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/04/2021) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01648-UNJ Document 40 Filed 06/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1648V
UNPUBLISHED
JESSICA SANDNER, Chief Special Master Corcoran
Petitioner, Filed: May 4, 2021
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)
Richard Gage, Richard Gage, P.C., Cheyenne, WY, for petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 23, 2019, Jessica Sandner 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 right shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza vaccine administered on
October 6, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On May 3, 2021, 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 has reviewed the records and concluded that Petitioner has
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-01648-UNJ Document 40 Filed 06/04/21 Page 2 of 2
satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids
to Interpretation for a SIRVA. 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_19-vv-01648-1
Date issued/filed: 2022-06-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/27/2022) regarding 53 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01648-UNJ Document 57 Filed 06/30/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1648V
UNPUBLISHED
JESSICA SANDNER, Chief Special Master Corcoran
Petitioner, Filed: May 27, 2022
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)
Richard Gage, Richard Gage, P.C. (WY), Cheyenne, WY, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 23, 2019, Jessica Sandner (“Petitioner”) 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”) as a result of an influenza (“flu”) vaccine
administered on October 6, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 4, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On May 24, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00 for pain and
suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01648-UNJ Document 57 Filed 06/30/22 Page 2 of 5
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 $70,000.00 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-01648-UNJ Document 57 Filed 06/30/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JESSICA SANDNER, )
)
Petitioner, )
) No. 19-1648V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 3, 2021, respondent filed a Vaccine Rule 4(c) report conceding that entitlement to
compensation was appropriate under the terms of the Vaccine Act. ECF No. 36. On May 4,
2021, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner
received an influenza (“flu”) vaccination on October 6, 2018, and was entitled to vaccine
compensation for petitioner’s Shoulder Injury Related to Vaccine Administration (“SIRVA”), as
defined in the Vaccine Injury Table, and related sequela. ECF No. 37.
I. Amount of Compensation
Respondent now proffers that, based on the Chief Special Master’s entitlement ruling and
the evidence of record, petitioner should be awarded a lump sum of $70,000.00 for actual pain
and suffering. This amount represents all elements of compensation to which petitioner would
be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:19-vv-01648-UNJ Document 57 Filed 06/30/22 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: 1
A. Petitioner’s Damages
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $70,000.00, in the form of a check payable to petitioner.
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
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:19-vv-01648-UNJ Document 57 Filed 06/30/22 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
Phone: (202) 616-3661
Kyle.Pozza@usdoj.gov
Date: May 24, 2022
3