In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 13-415V

Filed: June 26, 2014

Not for Publication

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

PATRICIA EGROFF, *

*

 Petitioner, * Damages decision based 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

DECISION1

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 influenza 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 receive 

compensation.

 

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 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 masters 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 privacy. 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, pursuant to this proffer. Both the proffer 

and decision contained inadvertent errors, as did the subsequent 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decision was withdrawn and judgment vacated on June 25, 2014.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 award as stated in 

the proffer. Pursuant to the terms stated in the attached proffer, the court awards petitioner 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 check made payable to 

petitioner, Patricia Egroff.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 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, based on the evidence of record, petitioner should be awarded 

$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. § 300aa15(a) to which petitioner would be entitled.

Petitioner is a competent adult. Evidence of guardianship is 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

VINCENT J. MATANOSKI

Deputy Director

Torts Branch, Civil Division

VORIS E. JOHNSON, Jr.

Assistant Director

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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