VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-02071 Package ID: USCOURTS-cofc-1_24-vv-02071 Petitioner: Brandie Steiner Filed: 2024-12-16 Decided: 2026-03-18 Vaccine: influenza Vaccination date: 2023-10-12 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 124280 AI-assisted case summary: On December 16, 2024, Brandie Steiner filed a petition seeking compensation under the Vaccine Act. She alleged that an influenza vaccine administered on October 12, 2023 caused a shoulder injury related to vaccine administration and that her symptoms persisted for more than six months. Respondent conceded entitlement in a Rule 4(c) report filed March 11, 2026. Respondent stated that Ms. Steiner's injury was consistent with Table SIRVA because she had no history of pain, inflammation, or dysfunction in her left shoulder before vaccination; pain occurred within forty-eight hours after an intramuscular vaccination; pain and reduced range of motion were limited to the vaccinated shoulder; and no other condition or abnormality had been identified to explain the shoulder pain. Chief Special Master Brian H. Corcoran granted entitlement on March 17, 2026. On March 18, 2026, the Special Master awarded damages based on respondent's proffer. The award was a lump sum of $124,280.00, paid through counsel's IOLTA account for prompt disbursement to Ms. Steiner. It consisted of $120,000.00 for pain and suffering, $2,027.20 for past unreimbursable expenses, and $2,252.80 for past lost wages. Ms. Steiner was identified as a competent adult, so no guardianship evidence was required. Theory of causation field: Influenza vaccine on October 12, 2023 causing left shoulder injury related to vaccine administration (Table SIRVA). ENTITLEMENT GRANTED; COMPENSATED. Petition filed December 16, 2024. Respondent Rule 4(c) report March 11, 2026 conceded Table SIRVA: no prior left shoulder pain/inflammation/dysfunction, pain within 48 hours, pain/reduced ROM limited to vaccinated shoulder, no alternate condition. CSM Brian H. Corcoran granted entitlement March 17, 2026 and awarded damages March 18, 2026. Award $124,280 lump sum ($120,000 pain and suffering + $2,027.20 past unreimbursable expenses + $2,252.80 past lost wages). Attorney: Maximillian J. Muller, Muller Brazil, LLP, Dresher PA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-02071-0 Date issued/filed: 2026-04-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/17/2026) regarding 38 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-02071-UNJ Document 45 Filed 04/20/26 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2071V BRANDIE STEINER, Chief Special Master Corcoran Petitioner, Filed: March 17, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 16, 2024, Brandie Steiner 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”) following an influenza vaccination she received on October 12, 12, 2023. Petition at 1. Petitioner further alleges that her “symptoms persisted for more than six months.” Petition at ¶ 14. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 11, 2026, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined 1 Because this Ruling 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 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 (2018). Case 1:24-vv-02071-UNJ Document 45 Filed 04/20/26 Page 2 of 2 by the Vaccine Injury Table. Specifically, Petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s shoulder pain.” Id. at 8. Respondent further agrees that “based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act.” 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-02071-cl-extra-11313618 Date issued/filed: 2026-04-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10846252 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2071V BRANDIE STEINER, Chief Special Master Corcoran Petitioner, Filed: March 17, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT 1 On December 16, 2024, Brandie Steiner 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”) following an influenza vaccination she received on October 12, 12, 2023. Petition at 1. Petitioner further alleges that her “symptoms persisted for more than six months.” Petition at ¶ 14. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 11, 2026, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined 1 Because this Ruling 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 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 (2018). by the Vaccine Injury Table. Specifically, Petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s shoulder pain.” Id. at 8. Respondent further agrees that “based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act.” 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-02071-1 Date issued/filed: 2026-04-21 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 03/18/2026) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-02071-UNJ Document 46 Filed 04/21/26 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2071V BRANDIE STEINER, Chief Special Master Corcoran Petitioner, Filed: March 18, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 16, 2024, Brandie Steiner 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”) following an influenza vaccination she received on October 12, 2023. Petition at ¶ 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 17, 2026, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On March 17, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $124,280.00, comprised of $120,000.00 for pain and suffering, $2,027.20 for past unreimbursed expenses, and $2,252.80 for past lost wages. Proffer at 1-2. 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. 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 1:24-vv-02071-UNJ Document 46 Filed 04/21/26 Page 2 of 6 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $124,280.00, comprised of $120,000.00 for pain and suffering, $2,027.20 for past unreimbursed expenses, and $2,252.80 for past lost wages, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:24-vv-02071-UNJ Document 46 Filed 04/21/26 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS BRANDIE STEINER, Petitioner, No. 24-2071V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON DAMAGES On December 16, 2024, Brandie Steiner (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on October 12, 2023. Petition at 1. On March 11, 2026, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on March 17, 2026, the Chief Special Master issued a Ruling on Entitlement finding petitioner was entitled to compensation. ECF Nos. 37, 38. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $120,000.00 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 she incurred past unreimbursable expenses 1 Case 1:24-vv-02071-UNJ Document 46 Filed 04/21/26 Page 4 of 6 related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,027.20. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Lost Earnings Evidence supplied by petitioner documents that she incurred lost earnings related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $2,252.80. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 following1: a lump sum payment of $124,280.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division 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 1:24-vv-02071-UNJ Document 46 Filed 04/21/26 Page 5 of 6 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON Assistant Director Torts Branch, Civil Division /s/ Mary Novakovic MARY NOVAKOVIC 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) 616-2879 Email: Mary.E.Novakovic@usdoj.gov Date: March 17, 2026 3 Case 1:24-vv-02071-UNJ Document 46 Filed 04/21/26 Page 6 of 6 CERTIFICATE OF SERVICE I certify that on this 17th day of March 2026, a true and correct copy of the foregoing proffer will be served upon petitioner’s counsel, Maximillian J. Muller, via email at max@mullerbrazil.com and erik@mullerbrazil.com. /s/ Mary Novakovic MARY NOVAKOVIC 4 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-02071-cl-extra-11314128 Date issued/filed: 2026-04-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10846761 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2071V BRANDIE STEINER, Chief Special Master Corcoran Petitioner, Filed: March 18, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On December 16, 2024, Brandie Steiner 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”) following an influenza vaccination she received on October 12, 2023. Petition at ¶ 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 17, 2026, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On March 17, 2026, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $124,280.00, comprised of $120,000.00 for pain and suffering, $2,027.20 for past unreimbursed expenses, and $2,252.80 for past lost wages. Proffer at 1-2. 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. 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). Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $124,280.00, comprised of $120,000.00 for pain and suffering, $2,027.20 for past unreimbursed expenses, and $2,252.80 for past lost wages, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS BRANDIE STEINER, Petitioner, v. No. 24-2071V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON DAMAGES On December 16, 2024, Brandie Steiner (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on October 12, 2023. Petition at 1. On March 11, 2026, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on March 17, 2026, the Chief Special Master issued a Ruling on Entitlement finding petitioner was entitled to compensation. ECF Nos. 37, 38. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $120,000.00 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 she incurred past unreimbursable expenses 1 related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,027.20. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Lost Earnings Evidence supplied by petitioner documents that she incurred lost earnings related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $2,252.80. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 $124,280.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General JONATHAN D. GUYNN Acting Director Torts Branch, Civil Division 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 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON Assistant Director Torts Branch, Civil Division /s/ Mary Novakovic MARY NOVAKOVIC 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) 616-2879 Email: Mary.E.Novakovic@usdoj.gov Date: March 17, 2026 3 CERTIFICATE OF SERVICE I certify that on this 17th day of March 2026, a true and correct copy of the foregoing proffer will be served upon petitioner’s counsel, Maximillian J. Muller, via email at max@mullerbrazil.com and erik@mullerbrazil.com. /s/ Mary Novakovic MARY NOVAKOVIC 4