In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1605V 

Filed: March 9, 2018

UNPUBLISHED

HELEN MCELROY, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On December 5, 2016, 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 alleges that she suffered left shoulder subacromial bursitis 

and rotator cuff tendonitis following her November 2, 2015 influenza (“flu”) vaccination. 

Petition at 1. The case was assigned to the Special Processing Unit of the Office of 

Special Masters.

On March 9, 2018, a ruling on entitlement was issued, finding petitioner entitled 

to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On 

March 9, 2018, respondent filed a proffer on award of compensation (“Proffer”)

indicating petitioner should be awarded $83,480.00, including $82,500.00 for actual and 

projected pain and suffering and $980.00 for past unreimbursable expenses. Proffer at 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

4.3 In the Proffer, respondent represented that petitioner agrees with the proffered 

award. Based on the record as a whole, the undersigned finds that petitioner is entitled 

to an award as stated in the Proffer.

Pursuant to the terms stated in the Proffer, the undersigned awards petitioner 

a lump sum payment of $83,480.00, representing compensation for pain and 

suffering ($82,500.00), and past unreimbursable expenses ($980.00), in the form 

of a check payable to petitioner, Helen McElroy. 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.4 

IT IS SO ORDERED.

 s/Nora Beth Dorsey

Nora Beth Dorsey

 Chief Special Master

 

3 Respondent filed a combined Rule 4 Report and Proffer. 

4 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.