# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1007 V

Filed: May 16, 2017

UNPUBLISHED

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

JANE ROCHA

- DEMELO

, *

*

Petitioner, *

* Damages Decision B ased 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 DAMAGES 1

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. Petit ion 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

p roffer on a ward of compensation (“Proffer”) indicating petitioner should be awarded

$ 104,608.9 4

. Proffer at 1

. In the Proffer, respondent represented that petitioner agrees

1 Because this unpublished decision contains a reasoned explanatio n for the action in this case, the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 disc losure of which would constitute an

unwarranted invasion of privacy. If, upon review, the undersigned agree s that the identified material fits

within this definition, the undersigned will redact such material from public access.

2 National Childhood Vacc ine 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

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 atta ched Proffer, the undersigned award s

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

petitioner, Jane Rocha

- Demelo

. Th is amount represent s compensation for all

damages that w ould 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.1 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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)

)

)

)

)

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) No . 1 6

- 1007 V

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

Based upon the evidence of record, respondent proffers that p etitioner 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 subm itted,

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