VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01730
Package ID: USCOURTS-cofc-1_20-vv-01730
Petitioner: Steven Rothenberg
Filed: 2020-12-02
Decided: 2023-03-24
Vaccine: influenza
Vaccination date: 2019-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60681

AI-assisted case summary:
Steven Rothenberg filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccination on October 7, 2019, and thereafter suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, as he had satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids for Interpretation for SIRVA. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Petitioner suffered the statutory severity requirement. A ruling on entitlement was issued on December 16, 2022, finding Petitioner entitled to compensation. Subsequently, on February 16, 2023, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $60,681.62. This amount comprised $60,000.00 for pain and suffering, $625.00 for past out-of-pocket expenses, and $56.62 for past mileage. Petitioner agreed with the proffered award. Based on the record, the Chief Special Master awarded Petitioner the lump sum of $60,681.62.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01730-0
Date issued/filed: 2023-01-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/16/2022) regarding 40 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01730-UNJ Document 42 Filed 01/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1730V
UNPUBLISHED
STEVEN ROTHENBERG, Chief Special Master Corcoran
Petitioner,
v. Filed: December 16, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On December 2, 2020, Steven Rothenberg 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 he received an influenza (“flu”) vaccination on
October 7, 2019, and thereafter suffered a shoulder injury related to vaccine
administration (“SIRVA”). Petition (ECF No. 1) at 1; see also Amended Petition (ECF No.
31). 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).

Case 1:20-vv-01730-UNJ Document 42 Filed 01/17/23 Page 2 of 2
On December 16, 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 states that Petitioner has satisfied the criteria set
forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids for Interpretation
(“QAI”) for SIRVA. Id. at 10 (citing 42 C.F.R. §§ 100.3(a), (c)(10). Respondent also agrees
that the case was timely filed, that the vaccine was received in the United States, and that
Petitioner suffered the statutory severity requirement by suffering the residual effects or
complications of his injury for more than six months after vaccine administration. Id. at 11
(citing Section 11(c)(1)(D)(i)).
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_20-vv-01730-1
Date issued/filed: 2023-03-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/21/2023) regarding 45 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01730-UNJ Document 49 Filed 03/24/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1730V
UNPUBLISHED
STEVEN ROTHENBERG, Chief Special Master Corcoran
Petitioner, Filed: February 21, 2023
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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On December 2, 2020, Steven Rothenberg 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused by an influenza vaccine administered on October 7,
2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On December 16, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a SIRVA. On February 16, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $60,681.62
(comprised of $60,000.00 for pain and suffering, $625.00 for past out-of-pocket expenses,
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01730-UNJ Document 49 Filed 03/24/23 Page 2 of 5
and $56.62 for past mileage). Proffer at 2. In the Proffer, Respondent 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 $60,681.62 (comprised of $60,000.00 for pain and suffering,
$625.00 for past out-of-pocket expenses, and $56.62 for past mileage) in the form
of a check payable to Petitioner. This amount represents compensation for all damages
that would be available under Section 15(a).
The Clerk of 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 1:20-vv-01730-UNJ Document 49 Filed 03/24/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
STEVEN ROTHENBERG, )
)
Petitioner, )
) No. 20-1730V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 2, 2020, Steven Rothenberg (“petitioner”) filed a petition for compensation
(ECF No. 1) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34 (“Vaccine Act”), alleging that he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine that he received on October 7, 2019. ECF No. 1 at 1. On December 28,
2021, petitioner filed an amended petition for compensation (ECF No. 31). The amended
petition provided an expanded set of facts based on petitioner’s medical records, but it did not
contain any changes to the legal allegations made in this case. ECF No. 31 at 1. On December
16, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) report
(ECF No. 39) indicating that this case was appropriate for compensation under the terms of the
Vaccine Act for a SIRVA Table injury. Also on December 16, 2022, the Chief Special Master
issued a Ruling on Entitlement (ECF No. 40) finding that petitioner was entitled to
compensation.

Case 1:20-vv-01730-UNJ Document 49 Filed 03/24/23 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
pertaining to his vaccine-related injury. Respondent proffers that petitioner should be awarded
past unreimbursable expenses in the total amount of $681.62 ($625.00 for past out-of-pocket
expenses and $56.62 for past mileage). See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 lump sum payment of $60,681.62, in the form of a
check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Steven Rothenberg: $60,681.62
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:20-vv-01730-UNJ Document 49 Filed 03/24/23 Page 5 of 5
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Benjamin P. Warder
BENJAMIN P. WARDER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Telephone: (202) 532-5464
Email: Benjamin.P.Warder@usdoj.gov
Date: February 16, 2023
3