VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01313
Package ID: USCOURTS-cofc-1_16-vv-01313
Petitioner: Elaine Ross
Filed: 2017-02-21
Decided: 2017-09-19
Vaccine: influenza
Vaccination date: 2014-10-22
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 185000

AI-assisted case summary:
Elaine Ross filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on October 22, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms. Ross was entitled to compensation. The respondent concluded that her injury was consistent with SIRVA and caused by the flu vaccination, and that there were no other identified causes. Ms. Ross's medical records demonstrated residuals of her condition for more than six months. Based on the respondent's concession and the evidence, the court found Ms. Ross entitled to compensation for her left SIRVA and its related sequelae. Subsequently, the respondent filed a proffer on award of compensation, indicating that Ms. Ross should be awarded $185,000.00, which Ms. Ross agreed with. The court awarded Ms. Ross a lump sum payment of $185,000.00 as compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01313-0
Date issued/filed: 2017-06-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/17/2017) regarding 17 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. Modified on 6/19/2017 to correct docket text (kh).
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Case 1:16-vv-01313-UNJ Document 33 Filed 06/14/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1313V
Filed: January 17, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ELAINE ROSS, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 11, 2016, Elaine Ross (“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 from an
influenza (“flu”) vaccination she received on October 22, 2014. Petition at 1. The case
was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On January 17, 2017, respondent filed her Rule 4(c) Report conceding that
petitioner is entitled to compensation. Rule 4(c) Rep. at 1. Based on her evaluation of
the evidence, respondent concluded that petitioner’s alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”), and that it was caused by
the flu vaccination she received on October 22, 2014. Id. at 4. Respondent did not
identify any other causes for petitioner’s SIRVA, and petitioner’s records demonstrate
that she suffered residuals of her condition for more than six months. Id. Therefore,
1 Because this unpublished ruling 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).

Case 1:16-vv-01313-UNJ Document 33 Filed 06/14/17 Page 2 of 2
based on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. Id. at 4-5.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation. The scope of
damages to be awarded will be limited to petitioner’s left SIRVA and its related
sequela.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01313-1
Date issued/filed: 2017-09-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/21/2017) regarding 23 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01313-UNJ Document 34 Filed 09/19/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1313V
Filed: February 21, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ELAINE ROSS, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Influenza Vaccine (“Flu Vaccine”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 11, 2016, Elaine Ross (“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 alleged that she suffered a shoulder injury from an
influenza (“flu”) vaccination she received on October 22, 2014. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On January 17, 2017, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 17). On February 21, 2017, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $185,000.00. Proffer at 1-2. In the Proffer, respondent represented that
petitioner agrees with the proffered award. Id. at 2. Based on the record as a whole,
the undersigned finds that petitioner is entitled to an award as stated in the Proffer.
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).

Case 1:16-vv-01313-UNJ Document 34 Filed 09/19/17 Page 2 of 2
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $185,000.00 in the form of a check payable to
petitioner, Elaine Ross. This amount represents compensation for all damages that
would be available under § 300aa-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.
2