VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00253
Package ID: USCOURTS-cofc-1_16-vv-00253
Petitioner: Stephanie Rosenthal
Filed: 2016-07-15
Decided: 2017-04-24
Vaccine: influenza
Vaccination date: 2014-10-21
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Stephanie Rosenthal filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries caused by an influenza vaccination she received on October 21, 2014. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, finding that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was not due to factors unrelated to the flu vaccination. The Chief Special Master issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. Respondent recommended an award of $75,000.00, representing all elements of compensation available under the Vaccine Act, and petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding petitioner a lump sum payment of $75,000.00.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00253-0
Date issued/filed: 2016-10-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/15/2016) regarding 12 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00253-UNJ Document 18 Filed 10/03/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-253V
Filed: July 15, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
STEPHANIE ROSENTHAL, *
*
v. *
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 23, 2016, Stephanie Rosenthal (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act” or “Program”). Petitioner alleges that she
suffered left shoulder injuries caused in fact by the influenza vaccination she received
on October 21, 2014. Petition at 1, ¶¶ 2, 8. Petitioner further alleges that she suffered
the residual effects of her injuries for more than six months, and that neither she nor any
other party has filed an action or received compensation for her injuries alleged as
vaccine caused. Id. at ¶¶ 9-11. 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, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:16-vv-00253-UNJ Document 18 Filed 10/03/16 Page 2 of 2
On July 15, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “has concluded that a preponderance of the evidence
establishes that petitioner’s injury is consistent with a shoulder injury related to vaccine
administration (“SIRVA”), and that petitioner’s injury is not due to factors unrelated to
her October 21, 2014, flu vaccination.” Id. at 2. Respondent further indicates that
petitioner has met the jurisdictional and statutory requirements for compensation under
the Vaccine Act. Id. at 3.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00253-1
Date issued/filed: 2017-04-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/15/2016) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00253-UNJ Document 33 Filed 04/24/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-253V
Filed: December 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
STEPHANIE ROSENTHAL, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Influenza Vaccine (“Flu Vaccine”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 23, 2016, Stephanie Rosenthal (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act” or “Program”). Petitioner alleges that she
suffered left shoulder injuries caused in fact by the influenza vaccination she received
on October 21, 2014. Petition at 1, ¶¶ 2, 8. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 15, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 12). On December 14, 2016, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $75,000.00. Proffer at 1. In the Proffer, respondent represented that
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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).

Case 1:16-vv-00253-UNJ Document 33 Filed 04/24/17 Page 2 of 4
petitioner agrees with the proffered award. Id. Based on the record as a whole, the
undersigned finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $75,000.00 in the form of a check payable to
petitioner, Stephanie Rosenthal. This amount represents compensation for all
damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 1:16-vv-00253-UNJ Document 33 Filed 04/24/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
STEPHANIE ROSENTHAL, )
)
Petitioner, ) No. 16-253V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On July 15, 2016, the Chief Special Master issued a Ruling on Entitlement determining
that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Respondent proffers that, based on the evidence of record,
petitioner should be awarded $75,000.00. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following:1
A. A lump sum payment of $75,000.00 in the form of a check payable to petitioner,
Stephanie Rosenthal. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.

Case 1:16-vv-00253-UNJ Document 33 Filed 04/24/17 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: December 14, 2016 Fax: (202) 616-4310