VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00453
Package ID: USCOURTS-cofc-1_15-vv-00453
Petitioner: Elaine Braunstein
Filed: 2015-11-24
Decided: 2015-11-24
Vaccine: influenza
Vaccination date: 2013-10-29
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Petitioner Elaine Braunstein filed a petition on May 4, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 29, 2013. The respondent filed a Rule 4(c) Report on August 26, 2015, conceding that Ms. Braunstein suffered from SIRVA and recommending compensation. The parties subsequently submitted a proffer on the award of compensation. Special Master Laura D. Millman reviewed the proffer and found its terms to be reasonable. Based on the record, the Special Master awarded Ms. Braunstein $140,000.00 in a lump sum payment, representing all elements of compensation. The award was to be paid via a check made payable to Elaine Braunstein. Ms. Braunstein is a competent adult, and no guardianship evidence was required. The decision was issued on November 24, 2015. Ronald C. Homer represented the petitioner, and Linda S. Renzi represented the respondent.

Theory of causation field:
Petitioner Elaine Braunstein alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 29, 2013. The respondent conceded SIRVA and recommended compensation. The parties submitted a proffer on the award of compensation, which Special Master Laura D. Millman found reasonable. The case was compensated based on a stipulation/proffer. The award was $140,000.00 as a lump sum payment, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner counsel was Ronald C. Homer, and respondent counsel was Linda S. Renzi. The decision date was November 24, 2015. The theory of causation was based on the "Table" for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00453-0
Date issued/filed: 2015-12-15
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/24/2015) regarding 18 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:15-vv-00453-UNJ Document 23 Filed 12/15/15 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-453V
Filed: November 24, 2015
Not for Publication
*************************************
ELAINE BRAUNSTEIN, *
*
Petitioner, *
Damages decision based on
*
proffer; influenza (flu) vaccine;
v. *
shoulder injury related to vaccine
*
administration (SIRVA)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Linda S. Renzi, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On May 4, 2015, petitioner filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. §§ 300aa-10–34 (2012), alleging that she suffered a shoulder injury as a result of
the influenza (“flu”) vaccination she received on October 29, 2013. On August 26, 2015,
respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury
related to vaccine administration (“SIRVA”) and recommending compensation.
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this 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.

Case 1:15-vv-00453-UNJ Document 23 Filed 12/15/15 Page 2 of 4
On November 24, 2015, respondent filed Respondent’s Proffer on Award of
Compensation. The undersigned finds the terms of the 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 a lump sum
payment of $140,000.00, representing all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for
$140,000.00 made payable to petitioner, Elaine Braunstein.
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: November 24, 2015 /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.
2

Case 1:15-vv-00453-UNJ Document 23 Filed 12/15/15 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ELAINE BRAUNSTEIN, )
)
Petitioner, ) No. 15-453V
) Special Master
v. ) Millman
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S 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 $140,000.00. 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)(B); and
§15(a)(4). Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to Elaine Braunstein 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 lump sum payment of $140,000.00 in the form of a check payable to petitioner,
Elaine Braunstein. 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 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.
1

Case 1:15-vv-00453-UNJ Document 23 Filed 12/15/15 Page 4 of 4
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4133
Dated: November 20, 2015
2