# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 415 V

Filed: June 26, 2014

Not for P ublication

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

PATRICIA EGROFF

, *

*

Petitioner

, * Damages decision b ased on proffer;

* influenza vaccine; brachial neuritis

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Mark T. Sadaka

, Englewood, NJ , for petitioner.

Althea W. Davis

, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION 1

Petitioner filed a petition on June 25, 2013, under the National Childhood Vaccine Injury

Act, 42 U.S.C. §§ 300aa

- 10

– 34 (2006). Petitioner alleges that the in fluenza vaccine she received

on December 9, 2011 caused her to suffer brachial neuritis. On November 21 , 2013, respondent

filed a Rule 4(c) Report conceding liability and recommending that petitioner re ceive

compensation.

1 Because this unpublished decision contains a reasoned explanation f or the special master’ s action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal

Claims’ s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special master s will be made

available to the public unless they contain trade secrets or commercial or financial information that is

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly

unwarranted invasion of priva cy. When such a decision is filed, petitioner has 14 days to identify and

move to redact such information prior to the document = s disclosure. If the special master, upon review,

agrees that the identified material fits within the banned categories listed above, the special master shall

redact such material from public access.2

On April 30, 2014, respondent filed Respondent ’ s Proffer on Award of Compensation.

The undersigned issued a decision on April 30, 2014, pursuan t to this proffer. B oth the proffer

and decision contained inadvertent errors, as did the su bsequent June 6, 2014, judgment. The

decision was withdrawn and judgment vacated on June 25, 2014.

On June 26, 2014, respondent filed Respondent ’ s Amended Proffer on Award of

Compensation. The undersigned finds the terms of the amended proffer to be reasonable. Based

on the record as a whole, the undersigned finds that petitioner is entitled to the a ward as sta ted in

the proffer. Pursuant to the terms stated in the attached proffer, the court awards p etitioner a lump

sum payment of $60,000.00 , representing all compensation for which petitioner would be entitled

under 42 U.S.C. § 300aa

- 15(a). The award shall be in the form of a c heck made payable to

petitioner , Patricia Egroff.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk o f the

court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: June 26, 2014 s/ Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or

jointly, filing a notice renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

PATRICIA EGROFF, )

)

Petitioner, ) No. 13

- 415V

) Special Master Laura D. Millman

v. ) ECF

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT ’ S AMENDED PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

Respondent proffers that , b ased on the evidence of record, petitioner should be aw arded

$ 60 ,000.00 . This amount represents all elements of compensation to which petitioner would be

entitled under 42 U.S .C. § 300aa

- 15(a)(1); 15(a)(3)(A ); and 15(a)(4). Petitioner agrees

.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment as described below, and request that the special master’s decision

and the Court’s judgment award the following: 1

A. A lump sum payment of $ 60 ,000.00 in the form of a check payable to petitioner, Patricia

Egroff . This amount accounts for all elements of compensation under 42 U.S.C. § 300aa

15(a) to which petitioner would be entitled.

Petitioner is a competent adult. Evidence of guardianship i s not required in this case.

1 Should petitioner die prior to 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 and future pain and suffering.Respectfully submitted,

STUART F. DELERY

Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

V INCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

V ORIS E. JOHNSON, Jr.

Assistant Di rector

Torts Branch, Civil Division

s/Althea Walker Davis

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 307

- 3013

DATED: June 26 , 2014

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