# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 439 V

UNPUBLISHED

JENNIFER VENIER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 17, 2020

Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for P etitioner.

Kyle Edward Pozza , U.S. Department of Justice, Washington, DC, for R espondent.

RULING ON ENTITLEMENT 1

On March 25, 20 19

, Jennifer Venier 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 injuries , including Shoulder Inj ury
Rela te d to Vaccine Administration (SIRVA) , resulting from adverse effects o f an influenza (f lu ) vaccination she received on September 29, 2 017 . Petit ion at 1

. Petitioner also alleges that the vaccine caused Petitioner to d evelop Complex Regional Pain Syndrom e ( CRPS). Id

. T he 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 Managemen t 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 19 86, Pub. L. No. 99

- 660, 100 Stat. 3755

. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C.
§ 300aa (2012 ).2

On June 16, 2020

, R espondent filed his Rule 4(c) report in which he concedes

that P etitioner is entitled to compensa tion in this case. Respondent’s Rule 4(c) Report

at 1. Specifically, R espondent states that it is hi s “ position that [P] etitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI); [P] etitioner had no history of pain, inflammation or dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain her initial symptoms. ” Id. at 7 . Respondent further agrees that the scope of damages to be awarded is limited to Petitioner ’ s SIRVA and its related sequelae only. Id

. Respond ent specifies that he does not view any injury claim of CRPS as sequelae of or related to Pe t itioner ’ s SIRVA

. Id. n

. 1.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitle d to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master