VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00998
Package ID: USCOURTS-cofc-1_20-vv-00998
Petitioner: Jennifer Bolz
Filed: 2021-08-26
Decided: 2021-10-12
Vaccine: influenza
Vaccination date: 2018-10-07
Condition: left axillary nerve palsy and/or left axillary neuropathy
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Jennifer Bolz filed a petition for compensation under the National Vaccine Injury Compensation Program on August 11, 2020. She alleged that she received an influenza vaccine on October 7, 2018, and subsequently developed left axillary nerve palsy and/or left axillary neuropathy. The respondent filed a report on August 26, 2021, recommending compensation. The respondent agreed that petitioner's claim was appropriate for compensation, stating that her injury was more likely than not caused by the administration of the flu vaccine in her left deltoid. Respondent further stated that the petitioner's injury lasted for at least six months, satisfying the statutory requirements for compensation. Special Master Mindy Michaels Roth reviewed the medical records and the respondent's recommendation. Based on this review, the Special Master found that Jennifer Bolz is entitled to compensation. The case will now proceed to the damages phase. Petitioner was represented by Daniel Seidman, Esq., and respondent was represented by Kyle Pozza, Esq. The decision was issued on October 12, 2021.

Theory of causation field:
Petitioner Jennifer Bolz received an influenza vaccine on October 7, 2018. She alleged subsequent left axillary nerve palsy and/or left axillary neuropathy. Respondent recommended compensation, agreeing that the injury was more likely than not caused by the flu vaccine administered in the left deltoid and that the injury lasted at least six months. Special Master Mindy Michaels Roth reviewed the medical records and respondent's report, finding entitlement. The case proceeded to the damages phase. Petitioner counsel was Daniel Seidman, Esq., and respondent counsel was Kyle Pozza, Esq. The decision was issued on October 12, 2021.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00998-0
Date issued/filed: 2021-10-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/26/2021) regarding 32 Ruling on Entitlement. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:20-vv-00998-UNJ Document 35 Filed 10/12/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-998V
Filed: August 26, 2021
* * * * * * * * * * * * * * *
*
JENNIFER BOLZ, *
* UNPUBLISHED
Petitioner, *
*
v. * Ruling on Entitlement; Influenza
* (“flu”) vaccine; Axillary nerve palsy.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
Daniel Seidman, Esq., Seidman Margulis & Fairman LLP, Belleville, IL, for petitioner.
Kyle Pozza, Esq., U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Roth, Special Master:
On August 11, 2020, Jennifer Bolz (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“the Program”).2 Petitioner alleges that she
received an influenza (“flu”) vaccination on October 7, 2018, and thereafter suffered from “left
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on
the Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No.
107-347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the
Decision will be available to anyone with access to the internet. However, the parties may object to the
Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b),
each party has fourteen days within which to request redaction “of any information furnished by that
party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or
(2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to
the public. Id.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§
300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be
to 42 U.S.C. § 300aa of the Act.

Case 1:20-vv-00998-UNJ Document 35 Filed 10/12/21 Page 2 of 2
axillary nerve palsy and/or left axillary neuropathy.” See Petition at 1.
On August 26, 2021, respondent filed a report pursuant to Vaccine Rule 4(c) stating that
petitioner’s claim was appropriate for compensation. Resp. Rpt. at 1. Specifically, respondent
agrees with petitioner’s claim that she developed a left axillary nerve palsy. Id. at 4. Respondent
states that petitioner’s injury was more likely than not caused by administration of a flu vaccine
in her left deltoid. Id. at 1, 4. Based on a review of the medical records, respondent states that
petitioner has satisfied the applicable statutory requirements as her injury lasted for at least six
months; therefore, petitioner has satisfied all legal prerequisites for compensation under the Act.
Id. at 4.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
respondent’s recommendation that compensation be awarded and a review of the record, the
undersigned finds that petitioner is entitled to compensation. This matter shall now proceed to
the damages phase.
IT IS SO ORDERED.
s/Mindy Michaels Roth
Mindy Michaels Roth
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00998-1
Date issued/filed: 2023-04-03
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 3/9/2023) regarding 51 DECISION - Proffer. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:20-vv-00998-UNJ Document 52 Filed 04/03/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-998V
Filed: March 9, 2023
* * * * * * * * * * * * * * *
JENNIFER BOLZ, * UNPUBLISHED
*
Petitioner, *
v. * Decision on Damages; Proffer; Influenza
* (“Flu”) Vaccine; Left Axillary Nerve Palsy
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
Daniel Seidman, Esq., Seidman Margulis & Fairman LLP, Belleville, IL for petitioner.
Kyle Pozza, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Roth, Special Master:
On August 11, 2020, Jennifer Bolz (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program.2 Petitioner alleged that she suffered a “left
axillary nerve palsy and/or left axillary neuropathy” after receiving an influenza (“flu”) vaccine
she received on October 7, 2018. See Petition, ECF No. 1. On August 26, 2021, respondent
conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act.
ECF No. 31. A Ruling on Entitlement was issued on the same date, finding petitioner entitled to
compensation. ECF No. 32.
Respondent filed a proffer on March 9, 2023, agreeing to issue the following payment:
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of
Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone
with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of
confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request
redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance
and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be
available to the public. Id.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (1986). Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
1

Case 1:20-vv-00998-UNJ Document 52 Filed 04/03/23 Page 2 of 5
A lump sum payment of $90,000.00, in the form of a check payable to
petitioner, Jennifer Bolz. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
Proffer, ECF No. 50.
I adopt respondent’s proffer attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the
right to seek review.
2

Case 1:20-vv-00998-UNJ Document 52 Filed 04/03/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JENNIFER BOLZ, )
)
Petitioner, )
) No. 20-998V
v. ) Special Master Mindy Michaels Roth
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 26, 2021, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. ECF No. 31. The same day, Special Master
Roth issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation
for her left axillary nerve palsy and related sequela. ECF No. 32.
I. Amount of Compensation
Respondent now proffers that, based on the Special Master’s entitlement decision and the
evidence of record, petitioner should be awarded $90,000.00. This amount represents all
elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
1

Case 1:20-vv-00998-UNJ Document 52 Filed 04/03/23 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 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 of $90,000.00, 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
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 1:20-vv-00998-UNJ Document 52 Filed 04/03/23 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: March 9, 2023
3