In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-453V 

Filed: November 24, 2015 

Not for Publication 

************************************* 

ELAINE BRAUNSTEIN, * 

 * 

Petitioner, * 

 * 

 v. * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

* 

************************************* 

Ronald C. Homer, Boston, MA, for petitioner. 

Linda S. Renzi, Washington, DC, for respondent. 

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On May 4, 2015, petitioner filed a petition under the National Childhood Vaccine Injury 

Act, 42 U.S.C. §§ 300aa-10–34 (2012), alleging that she suffered a shoulder injury as a result of 

the influenza (“flu”) vaccination she received on October 29, 2013. On August 26, 2015, 

respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury 

related to vaccine administration (“SIRVA”) and recommending compensation. 

1 Because this decision contains a reasoned explanation for the special master's action in this case, the

special master intends to post this decision on the United States Court of Federal Claims's website, in 

accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the 

public unless they contain trade secrets or commercial or financial information that is privileged and 

confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted 

invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact

such information prior to the document=s disclosure. If the special master, upon review, agrees that the 

identified material fits within the banned categories listed above, the special master shall redact such 

material from public access.

Damages decision based on 

proffer; influenza (flu) vaccine; 

shoulder injury related to vaccine 

administration (SIRVA)

 
On November 24, 2015, respondent filed Respondent’s Proffer on Award of 

Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the 

record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the 

proffer. Pursuant to the terms stated in the attached proffer, the court awards a lump sum 

payment of $140,000.00, representing all elements of compensation to which petitioner would be 

entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for 

$140,000.00 made payable to petitioner, Elaine Braunstein. 

 In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: November 24, 2015 /s/ Laura D. Millman 

 Laura D. Millman

 Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.

2 

 
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

 

ELAINE BRAUNSTEIN, ) 

 ) 

 Petitioner, ) No. 15-453V 

 ) Special Master 

 v. ) Millman 

) ECF 

SECRETARY OF HEALTH ) 

AND HUMAN SERVICES, ) 

 ) 

 Respondent. ) 

 ) 

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items: 

Respondent proffers that based on the evidence of record, petitioner should be 

awarded $140,000.00. This amount represents all elements of compensation to which 

petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); §15(a)(3)(B); and 

§15(a)(4). Petitioner agrees. 

II. Form of the Award: 

The parties recommend that the compensation provided to Elaine Braunstein should 

be made through a lump sum payment as described below, and request that the special 

master’s decision and the Court’s judgment award the following:1

A lump sum payment of $140,000.00 in the form of a check payable to petitioner, 

Elaine Braunstein. This amount accounts for all elements of compensation under 42 

U.S.C. § 300aa-15(a) to which petitioner would be entitled. 

Petitioner is a competent adult. Evidence of guardianship is not required in this case. 

 

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 medical expenses and future pain and suffering. 
2 

Respectfully submitted, 

BENJAMIN C. MIZER 

Principal Deputy Assistant Attorney General 

RUPA BHATTACHARYYA 

Director 

Torts Branch, Civil Division 

VINCENT J. MATANOSKI 

Deputy Director 

Torts Branch, Civil Division 

 MICHAEL P. MILMOE 

Senior Trial Counsel 

Torts Branch, Civil Division 

/s/ Linda S. Renzi 

LINDA S. RENZI 

Senior Trial Counsel 

Torts Branch, Civil Division 

U. S. Department of Justice 

P.O. Box l46, Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Direct dial: (202) 616-4133 

Dated: November 20, 2015