# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1605 V

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UNPUBLISHED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 DAMAGES 1

Dorsey

, Chief Special Master:

On December 5, 2016

, p etitioner 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 l eft 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 a ward of compensation (“Proffer”) indicating petitioner should be awarded $ 83,480.00 , including $82,500.00 for actual and projected pain and suffering and $98 0.00 for past unreimbursable expenses

. Proffer at

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intend s to post it on the United States Court of Federal Claims'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 agree s that the ident ified 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 award s petitioner a lump sum payment of $8 3,480 .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, H elen 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.