VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00925
Package ID: USCOURTS-cofc-1_20-vv-00925
Petitioner: Jodi Solem
Filed: 2022-02-15
Decided: 2023-12-11
Vaccine: influenza
Vaccination date: 2019-09-25
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 52500

AI-assisted case summary:
Jodi Solem filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on September 25, 2019. The petition was filed on February 15, 2022. Respondent conceded that Petitioner was entitled to compensation, determining that she met the criteria for SIRVA as set forth in the Vaccine Injury Table. Specifically, Respondent noted that Petitioner had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, and the symptoms were limited to the injection site. The condition was also presumed to be causally related due to its presence on the Table. The case proceeded as a Table claim. On November 1, 2023, Respondent filed a proffer on award of compensation, agreeing that Petitioner should be awarded $52,500.00 in pain and suffering. Petitioner agreed with this amount. On December 11, 2023, the Chief Special Master issued a decision awarding Jodi Solem a lump sum payment of $52,500.00 in pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00925-0
Date issued/filed: 2022-03-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/15/2022) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00925-UNJ Document 23 Filed 03/18/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-925V
UNPUBLISHED
JODI SOLEM, Chief Special Master Corcoran
Petitioner, Filed: February 15, 2022
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 V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 29, 2020, Jodi Solem 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 suffered a shoulder injury related to vaccine administration
(SIRVA), resulting from adverse effects of an influenza (flu) vaccination she received on
September 25, 2019. Petition at 1. Petitioner further alleges that she received the
vaccination in the United States, her pain has lasted longer than six months, and neither
she, nor any other party, has ever received compensation in the form of an award or
settlement for Petitioner’s vaccine-related injury. Petition at 1, 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00925-UNJ Document 23 Filed 03/18/22 Page 2 of 2
On January 14, 2022, 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 determined that “[P]etitioner has satisfied the criteria for
SIRVA set forth in the Vaccine Injury Table and the Qualifications and Aids to
Interpretation, which afford [P]etitioner the presumption of causation because [P]etitioner
had no history of pain, inflammation, or dysfunction in her left shoulder; her pain occurred
within 48 hours of receipt of an intramuscular vaccination; her pain and reduced range of
motion were limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality was identified to explain her symptoms . . . . In addition, given
the medical records outlined above, the statutory six month sequela requirement has
been satisfied.” Id. at 4-5 (citations omitted). Respondent further agrees that the scope of
damages to be awarded is limited to petitioner’s left SIRVA and its related sequelae only.
Id.
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-00925-1
Date issued/filed: 2023-12-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/08/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:20-vv-00925-UNJ Document 40 Filed 12/11/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-925V
JODI SOLEM, Chief Special Master Corcoran
Petitioner, Filed: November 8, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 29, 2020, Jodi Solem 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 suffered a shoulder injury related to vaccine administration
(“SIRVA”), resulting from adverse effects of an influenza (“flu”) vaccination she received
on September 25, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 22, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On November 1, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $52,500.00 in
pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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 (2012).

Case 1:20-vv-00925-UNJ Document 40 Filed 12/11/23 Page 2 of 5
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 $52,500.00 in pain and suffering 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 1:20-vv-00925-UNJ Document 40 Filed 12/11/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JODI SOLEM, )
)
)
Petitioner, )
) No. 20-925V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 29, 2020, Jodi Solem (“petitioner”) filed a petition for compensation (“Petition”
or “Pet.”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 et
seq. (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined by the Vaccine Injury Table, following administration of
an influenza (“flu”) vaccine she received in left shoulder on September 25, 2019. See Petition at
1. On January 14, 2022, 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
for a SIRVA Table injury, and on February 15, 2022 the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF Nos. 19, 21.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $52,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00925-UNJ Document 40 Filed 12/11/23 Page 4 of 5
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). 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 petitioner should be made through
one 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 $52,500.00, in the form
of a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Jodi Solem: $52,500.00
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
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 pain and
suffering.

Case 1:20-vv-00925-UNJ Document 40 Filed 12/11/23 Page 5 of 5
s/ Ronalda E. Kosh
RONALDA E. KOSH
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) 616-4476
Email: ronalda.kosh@usdoj.gov
DATED: November 1, 2023