# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21

- 0256 V

UNPUBLISHED

JENNIFER SOHMER

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 24, 2022

Special Processing Unit (SPU) ; Rul ing on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine 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 ENTITLEMENT 1

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 suffere d 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 th e residual effects of her condition for more than six

mont hs, and neither Pe titioner nor any other party has ever re ceived com pensation in the

form of an award or settlement for her vaccine

- related injury . Petition at ¶¶ 5 ; Ex s. 1, 8

. T he case was assigned to the Special Processing Unit of the Office of Special Masters.

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 R uling 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 wil l 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

On June 23, 2022

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

P etitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, R espondent 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 cond ition or

ab normality explaine d her shoulder pain

. ” Id. at 4 (citations omitted) . Respondent further agrees that the reco r ds show that the case was timely filed, th e vaccine was received in the United States, and Petitioner sa tisfies the statutory severity requir ement by suffering

the residual effects o r c om plications of her injury for more than s ix 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 s ettlement for her injury and has not filed a civil

action. Id

. ( citing Ex. 8)

.

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

P etitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master