In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1007V

Filed: May 16, 2017

UNPUBLISHED

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

JANE ROCHA-DEMELO, *

*

Petitioner, *

* Damages Decision Based on Proffer;

v. * Influenza (“Flu”) Vaccine;

* Shoulder Injury Related to Vaccine 

SECRETARY OF HEALTH * Administration (“SIRVA”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

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

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

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

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On August 15, 2016, Jane Rocha-Demelo (“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 a shoulder 

injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza 

(“flu”) vaccination on November 1, 2014. Petition at 1. The case was assigned to the 

Special Processing Unit of the Office of Special Masters.

On February 2, 2017, the undersigned issued a ruling on entitlement, finding 

petitioner entitled to compensation. (ECF No. 18). On May 16, 2017, respondent filed a 

proffer on award of compensation (“Proffer”) indicating petitioner should be awarded 

$104,608.94. Proffer at 1. In the Proffer, respondent represented that petitioner agrees 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

with the proffered award. Id. 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 attached Proffer, the undersigned awards

petitioner a lump sum payment of $104,608.94 in the form of a check payable to 

petitioner, Jane Rocha-Demelo. This amount represents compensation for all 

damages that would be available under § 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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JANE ROCHA-DEMELO,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN 

SERVICES,

Respondent.

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No. 16-1007V

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded 

$104,608.94, which represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a).1

 Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made 

through a lump sum payment of $104,608.94, in the form of a check payable to petitioner. 

Petitioner agrees.

Respectfully submitted, 

CHAD A. READLER

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

 1 Should petitioner die prior to the 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, future lost earnings, and future pain and suffering.
2

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

ALTHEA W. DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

/s/ Colleen C. Hartley

COLLEEN C. HARTLEY

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Phone: (202) 616-3644

Fax: (202) 353-2988

DATED: May 16, 2017