In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 21-0256V

UNPUBLISHED

JENNIFER SOHMER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: June 24, 2022

Special Processing Unit (SPU); 

Ruling 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 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1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required 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).
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