VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01130
Package ID: USCOURTS-cofc-1_19-vv-01130
Petitioner: Natalie Sternal
Filed: 2019-08-05
Decided: 2021-03-04
Vaccine: influenza
Vaccination date: 2017-10-05
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 144077

AI-assisted case summary:
Natalie Sternal filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 5, 2017 influenza vaccination. The case was filed on August 5, 2019. Respondent conceded that Petitioner was entitled to compensation, stating that her alleged injury was consistent with SIRVA of the left arm and met the requirements of a Table injury claim. Respondent also indicated that no other causes for the injury were identified and that the sequelae lasted more than six months. A ruling on entitlement was issued on December 30, 2020, finding Petitioner entitled to compensation. Subsequently, on January 27, 2021, Respondent filed a proffer on award of compensation, proposing an award of $144,077.80, which included $140,000.00 for pain and suffering and $4,077.80 for unreimbursed medical expenses. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on March 4, 2021, granting a lump sum payment of $144,077.80 to Natalie Sternal.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01130-0
Date issued/filed: 2021-02-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/30/2020) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01130-UNJ Document 40 Filed 02/23/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1130V
UNPUBLISHED
NATALIE STERNAL, Chief Special Master Corcoran
Petitioner, Filed: December 30, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 5, 2019, Natalie Sternal 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 the “Table Injury” of Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of her October 5, 2017 influneza
(“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On December 28, 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 indicates that
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).

Case 1:19-vv-01130-UNJ Document 40 Filed 02/23/21 Page 2 of 2
DICP [ the Division of Injury Compensation Programs, Department of Health
and Human Services] has reviewed the petition and medical records filed in
this case, and concluded that compensation is appropriate. DICP has
concluded that petitioner’s alleged injury is consistent with SIRVA of the left
arm and that it meets the requirements of a Table injury claim for SIRVA
stemming from the flu vaccination on October 5, 2017.
Id. at 6 (citing 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)).
Respondent further indicates that “DICP did not identify any other causes for petitioner’s
injury, and records show that she suffered the sequela of this injury for more than six
months. Based on the medical records outlined above, petitioner has met the statutory
requirements for entitlement to compensation.” Id.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01130-1
Date issued/filed: 2021-03-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/28/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01130-UNJ Document 41 Filed 03/04/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1130V
UNPUBLISHED
NATALIE STERNAL, Chief Special Master Corcoran
Petitioner, Filed: January 28, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 5, 2019, Natalie Sternal 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 the “Table Injury” of Shoulder Injury
Related to Vaccine Administration (“SIRVA”) as a result of her October 5, 2017 influneza
(“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On December 30, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 27, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $144,077.80.
The award is comprised of the following: $140,000.00 for pain and suffering and
$4,077.80 for unreimbursed medical expenses. Proffer at 1. In the Proffer, Respondent
1 Because this unpublished decision 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 decision 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).

Case 1:19-vv-01130-UNJ Document 41 Filed 03/04/21 Page 2 of 4
represented that Petitioner agrees with the proffered award. Id. Based on the record as a
whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $144,077.80 (comprised of $140,000.00 for pain and suffering and
$4,077.80 for unreimbursed medical expenses) in the form of a check payable to
Petitioner. This amount represents compensation for all damages that would be available
under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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 1:19-vv-01130-UNJ Document 41 Filed 03/04/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
NATALIE STERNAL, )
)
Petitioner, )
) No. 19-1130V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On December 28, 2020, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act in this case. ECF No. 26. Thereafter, on
December 30, 2020, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that
petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration (“SIRVA”). ECF No. 27. Based upon the evidence of record, respondent
proffers that petitioner should be awarded $144,077.80. The award is comprised of the
following: $140,000.00 for pain and suffering and $4,077.80 for unreimbursed medical
expenses. 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
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $144,077.80, in the form of a check payable to petitioner. Petitioner
agrees.

Case 1:19-vv-01130-UNJ Document 41 Filed 03/04/21 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Zoë R. Wade
Zoë R. Wade
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 616- 4118
zoe.wade@usdoj.gov
Dated: January 27, 2021