VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00709
Package ID: USCOURTS-cofc-1_21-vv-00709
Petitioner: Natalie Iovino-Schoenfeld
Filed: 2021-01-12
Decided: 2023-10-27
Vaccine: influenza
Vaccination date: 2019-10-03
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 17500

AI-assisted case summary:
Natalie Iovino-Schoenfeld filed a petition for vaccine compensation on January 12, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on October 3, 2019. She claimed the injury occurred within the United States, had residual effects for more than six months, and that there had been no prior award or settlement for this condition. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 21, 2023, agreeing to settle the case. Chief Special Master Corcoran adopted the stipulation as her decision, awarding Natalie Iovino-Schoenfeld a lump sum of $17,500.00 for all items of damages available under Section 15(a). The case proceeded as a Table claim, and the award represents a settlement of liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00709-0
Date issued/filed: 2023-10-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/22/2023) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00709-UNJ Document 42 Filed 10/27/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-709V
NATALIE IOVINO-SCHOENFELD, Chief Special Master Corcoran
Petitioner, Filed: September 22, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 12, 2021, Natalie Iovino-Schoenfeld 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 a shoulder injury related to
vaccine administration (“SIRVA”) caused by an influenza (“flu”) vaccine administered on
October 3, 2019. Petition at 1; Stipulation, filed at September 21, 2023, ¶¶ 1, 2. Petitioner
further alleges that the vaccine was administered within the United States, that she
experienced the residual effects of her injury for more than six months, and that there has
been no prior award or settlement of a civil action for damages as a result of her condition.
Petition at 1-2; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained a SIRVA
Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury or any
other injury or condition; and denies that Petitioner’s current condition is a sequela of a
vaccine-related injury. Stipulation at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00709-UNJ Document 42 Filed 10/27/23 Page 2 of 7
Nevertheless, on September 21, 2023, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $17,500.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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 1:21-vv-00709-UNJ Document 42 Filed 10/27/23 Page 3 of 7
Vinesign Document ID: C18CFF3D-534F-4CEF-A3E7-4000410C623A
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
NAT ALIE IOVfNO-SCHOENFELD,
Petitioner,
v. No. 21-709V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
l . Natalie Iovino-Schoenfeld ("petitioner"), filed a petition for vaccine compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to-34
("Vaccine Program"). The petition seeks compensation for injuries allegedly related to
petitioner's receipt of the influenza ("flu") vaccine, which is contained in the Vaccine Injury
Table (''Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on or about October 3, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table. Petitioner further
alleges that she experienced the residual effects of her alleged iajury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:21-vv-00709-UNJ Document 42 Filed 10/27/23 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged shoulder injury or any other injury or condition; and denies
that petitioner's current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled, and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after entry ofj udgment reflecting a decision consistent with the
tenns of this Stipulation. and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $17,500.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant
to 42 U.S.C. § 300aa-21(a)(l) and an application, the parties will submit to further
proceedings before the special master to award reasonable attorneys' fees and costs incurred
in proceeding upon this petition.
10. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Vaccine Program is not primarily
liable under 42 U.S.C. § 300aa-l 5(g), including State compensation programs, insurance
policies, Federal or State health benefits programs (other than Title XIX of the Social Security
Act), or entities that provide health services on a pre-paid basis.
2

Case 1:21-vv-00709-UNJ Document 42 Filed 10/27/23 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-l 5(i) and subject to
the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of4 2 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payment described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in her individual capacity and on behalf of her heirs,
executors, administrators, successors, and/or assigns, does forever irrevocably and
unconditionally release, acquit, and discharge the United States and the Secretary of Health and
Human Services from any and all actions or causes of action (including agreements, judgments,
claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that
have been brought, could have been brought, or could be timely brought in the Court of Federal
Claims under the Vaccine Program on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to, or death of, petitioner
resulting from, or alleged to have resulted from, the flu vaccine administered on or about
October 3, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about
January 12, 2021, in the United States Court of Federal Claims as petition No. 21-709V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court of Federal Claims on behalf of either or both of the parties.
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Case 1:21-vv-00709-UNJ Document 42 Filed 10/27/23 Page 6 of 7
15. If the special master fails to issue a decision in complete confonnity with the tenns
of this Stipulation, or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete confonnity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment, or do any act or thing, other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and, further, that a change in the nature of the injury or condition, or in the
items of compensation sought. is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the
flu vaccine caused any other injury or condition; or that her current condition is a sequela of a
vaccine-related injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:21-vv-00709-UNJ Document 42 Filed 10/27/23 Page 7 of 7
Respectfully submitted,
PETITIONER:
NATALIE IOVINO-SCHOENFELD
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~-f;t:=---Q--. --- ' Jl € t:hf:L/\ ~ t LA)\~
HEATHER L. PEARLMAN
MULLER BRAZIL Deputy Director
71 S Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
leigh@mullerbrazil.com U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
He nry P• Olgltally signed by Henry
P.Mcmlllan•S3
by Mcmillan -S3
1::.:.~2023.09.os ,1:01:Ss
CDR GEORGE REED GRIMES, MD, MPH
Director, Division oflnjury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, D.C. 20044-0146
5600 Fishers Lane, 08N 146B felicia.d.langel@usdoj.gov
Rockville, MD 20857
DATE: f/.2f/43
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