In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-439V

UNPUBLISHED

JENNIFER VENIER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: June 17, 2020

Special Processing Unit (SPU);

Ruling 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 Petitioner.

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

RULING ON ENTITLEMENT1

On March 25, 2019, 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 Injury 

Related to Vaccine Administration (SIRVA), resulting from adverse effects of an 

influenza (flu) vaccination she received on September 29, 2017. Petition at 1. 

Petitioner also alleges that the vaccine caused Petitioner to develop Complex Regional 

Pain Syndrome (CRPS). Id. 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1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

On June 16, 2020, 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 states that it is his “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. Respondent specifies that he does not view any injury claim of 

CRPS as sequelae of or related to Petitioner’s SIRVA. Id. n.1.

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