VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00619
Package ID: USCOURTS-cofc-1_20-vv-00619
Petitioner: Jacie Blenker
Filed: 2020-05-18
Decided: 2021-10-13
Vaccine: influenza
Vaccination date: 2018-10-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 126203

AI-assisted case summary:
Jacie Blenker, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on May 18, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 29, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 23, 2021, conceding that Ms. Blenker's claim met the Table criteria for SIRVA and that she was entitled to compensation. Based on the respondent's concession and the evidence of record, a ruling on entitlement was issued on July 30, 2021. Subsequently, on September 9, 2021, the respondent filed a proffer on an award of compensation, which Ms. Blenker agreed to. The proffer included $120,000.00 for pain and suffering, $4,210.00 for lost wages, and $1,993.68 for unreimbursable medical expenses, totaling $126,203.68. On October 13, 2021, the Chief Special Master issued a decision awarding Ms. Blenker the lump sum payment of $126,203.68, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00619-0
Date issued/filed: 2021-09-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/30/2021) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00619-UNJ Document 26 Filed 09/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0619V
JACIE BLENKER, Chief Special Master Corcoran
Petitioner,
v. Filed: July 30, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 18, 2020, Jacie Blenker 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 a influenza (“flu”) vaccine administered on October
29, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 23, 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 concludes that Petitioner’s claim meets the Table criteria for
SIRVA. Id. at 5-6.
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 1:20-vv-00619-UNJ Document 26 Filed 09/01/21 Page 2 of 2
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_20-vv-00619-1
Date issued/filed: 2021-10-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/10/2021) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00619-UNJ Document 33 Filed 10/13/21 Page 1 of 4
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0619V
UNPUBLISHED
JACIE BLENKER, Chief Special Master Corcoran
Petitioner,
v. Filed: September 10, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Damages Decision on Proffer; Table
Injury; Influenza (Flu); Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA).
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 18, 2020, Jacie Blenker 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 29, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On July 30, 2021, a ruling on entitlement was issued finding Petitioner entitled to
compensation for her SIRVA. ECF No. 25. On September 9, 2021, Respondent filed a
proffer on an award of compensation, to which Petitioner agrees. Proffer (ECF No. 28)
1 Because this unpublished opinion 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 opinion 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 1:20-vv-00619-UNJ Document 33 Filed 10/13/21 Page 2 of 4
(attached hereto as Exhibit A). 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 $126,203.68 (representing $120,000.00 for pain and suffering,
$4,210.00 for lost wages, and $1,993.68 for unreimbursable medical expenses). This
amount represents compensation for all damages that would be available under Section
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 1:20-vv-00619-UNJ Document 33 Filed 10/13/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JACIE BLENKER, )
)
Petitioner, )
)
v. ) No. 20-619V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 23, 2021, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the Table
timeframe following an influenza vaccination, which was compensable under the National
Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34. Accordingly,
on July 30, 2021, the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $120,000.00 for pain and
suffering, $4,210.00 for lost wages, and $1,993.68 for unreimbursable medical expenses. These
amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.

Case 1:20-vv-00619-UNJ Document 33 Filed 10/13/21 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $126,203.68 in the form of a check payable to petitioner.1 This
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: September 9, 2021
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