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UNPUBLISHED 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. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner. 

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION AWARDING DAMAGES1

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”) vaccination 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 award 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 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 subparagraph 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 $185,000.00 in the form of a check payable to 

petitioner, Elaine Ross. This amount represents 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.