VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00256
Package ID: USCOURTS-cofc-1_21-vv-00256
Petitioner: Jennifer Sohmer
Filed: 2021-01-07
Decided: 2022-08-08
Vaccine: influenza
Vaccination date: 2019-09-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 69696

AI-assisted case summary:
Jennifer Sohmer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 24, 2019. The respondent conceded that Ms. Sohmer did not have a history of left shoulder pain, that her pain and reduced range of motion began within 48 hours of the vaccination, and that no other condition explained her shoulder pain. The respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and Ms. Sohmer met the statutory severity requirement of suffering residual effects for more than six months. Based on the respondent's concession and the evidence of record, entitlement to compensation was granted. Subsequently, the parties stipulated to an award of $69,695.99, which included $67,500.00 for pain and suffering and $2,195.99 for unreimbursed medical expenses. The decision awarding damages was issued on August 8, 2022.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00256-0
Date issued/filed: 2022-07-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/24/2022) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.(ew).
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Case 1:21-vv-00256-UNJ Document 32 Filed 07/25/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0256V
UNPUBLISHED
JENNIFER SOHMER, Chief Special Master Corcoran
Petitioner, Filed: June 24, 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 VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Jennifer Sohmer 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 that she suffered a left shoulder injury related to
vaccine administration as a result of an influenza vaccine received on September 24,
2019. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, she experienced the residual effects of her condition for more than six
months, and neither Petitioner nor any other party has ever received compensation in the
form of an award or settlement for her vaccine-related injury. Petition at ¶¶ 5; Exs. 1, 8.
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 1:21-vv-00256-UNJ Document 32 Filed 07/25/22 Page 2 of 2
On June 23, 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 agrees that Petitioner “did not have a history of left shoulder
pain, and the medical records reflect an onset within 48 hours. Petitioner’s left shoulder
pain and reduced range of motion was limited to her shoulder, and no other condition or
abnormality explained her shoulder pain.” Id. at 4 (citations omitted). Respondent further
agrees that the records show that the case was timely filed, the vaccine was received in
the United States, and Petitioner satisfies the statutory severity requirement by suffering
the residual effects or complications of her injury for more than six months after vaccine
administration. Id. at 5. Respondent adds that Petitioner avers that she has not received
compensation in the form of an award or settlement for her injury and has not filed a civil
action. Id. (citing Ex. 8).
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_21-vv-00256-1
Date issued/filed: 2022-08-08
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/28/2022) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00256-UNJ Document 33 Filed 08/08/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-256V
UNPUBLISHED
JENNIFER SOHMER, Chief Special Master Corcoran
Petitioner, Filed: July 8, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Jennifer Sohmer 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), resulting from the adverse effects of an influenza (flu) vaccination
she received on September 24, 2019. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 24, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On July 7, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $69,695.99, comprised
of $67,500.00 for pain and suffering and $2,195.99 for unreimbursed medical expenses.
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 1:21-vv-00256-UNJ Document 33 Filed 08/08/22 Page 2 of 5
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 $69,695.99, comprised of $67,500.00 for pain and suffering and
$2,195.99 for unreimbursed medical 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 1:21-vv-00256-UNJ Document 33 Filed 08/08/22 Page 3 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
JENNIFER SOHMER,
Petitioner,
Case No. 21-265V (ECF)
v. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On June 23, 2022, respondent filed his Rule 4(c) Report conceding that
entitlement to compensation was appropriate under the terms of the Vaccine Act.
ECF No. 23. On June 24, 2022, the Court issued its Ruling on Entitlement, finding that
petitioner is entitled to compensation. ECF No. 25.
II. Items of Compensation and Form of the Award
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $69,695.99. The award is comprised of the following: $67,500.00 for pain and
suffering and $2,195.99 for unreimbursed medical expenses. This amount represents all
elements of compensation to which petitioner would be entitled under

Case 1:21-vv-00256-UNJ Document 33 Filed 08/08/22 Page 4 of 5
42 U.S.C. § 300aa-15(a) regarding her September 24, 2019, influenza vaccination.
Petitioner agrees.1
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be
made through a lump sum payment of $69,695.99, in the form of a check payable to
petitioner. Petitioner agrees.
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
TRACI R. PATTON
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 lost earnings, and future pain and suffering.
2

Case 1:21-vv-00256-UNJ Document 33 Filed 08/08/22 Page 5 of 5
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: July 7, 2022
3