# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -1313V Filed: February 21, 2017
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * ELAINE ROSS, *

* Petitioner, * * Damages Decision Based on Proffer;

v. * Influenza Vaccine (“Flu Vaccine”) ; * Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Carol L. Gallagh er

, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner. Darryl R. Wishard

, U .S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On October 11, 2016

, Elaine Ross (“ petitioner ”) 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 alleged that she suffered a shoulder injury from an influenza (“flu”) vaccin ation she received on October 22, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 17, 2017, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation. (ECF No. 17). On February 21, 2017, respondent filed a proffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded $185,000.00. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. at 2. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $ 18 5,000.00 in the form of a check payable to petitioner, Elaine Ross

. Th is amount represent s compensation for all damages that would be available under § 300aa

- 15(a).

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey 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.