VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01537
Package ID: USCOURTS-cofc-1_16-vv-01537
Petitioner: Sheri Rocca
Filed: 2017-08-07
Decided: 2018-03-23
Vaccine: influenza
Vaccination date: 2015-11-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 167293

AI-assisted case summary:
Sheri Rocca filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) in her left shoulder following an influenza vaccination on November 16, 2015. The respondent conceded that her injury was consistent with SIRVA and was caused by the flu vaccine, with no other cause identified. The respondent also agreed that she met the statutory requirements for entitlement to compensation. A ruling on entitlement was issued on August 7, 2017, finding her entitled to compensation. Subsequently, on December 7, 2017, the respondent filed a proffer on award of compensation. The parties agreed to a total award of $167,293.39, which included $50,575.66 for lost earnings, $110,000.00 for pain and suffering, and $6,717.73 for past unreimbursable expenses. A decision awarding damages was issued on March 23, 2018, granting the lump sum payment to Sheri Rocca.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01537-0
Date issued/filed: 2018-02-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/7/2017) regarding 42 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01537-UNJ Document 69 Filed 02/02/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1537V
Filed: August 7, 2017
UNPUBLISHED
SHERI ROCCA,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 17, 2016, 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”) in her left shoulder following receipt of an influenza (“flu”)
vaccination on November 16, 1015. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On August 7, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “has concluded that petitioner’s alleged injury is
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-01537-UNJ Document 69 Filed 02/02/18 Page 2 of 2
consistent with SIRVA, and that it was caused-in-fact by the flu vaccine she received on
November 16, 2015.” Id. at 4. Respondent further agrees that no other cause for
petitioner’s injury was identified, that she suffered the sequela of her injury for more
than six months, and that she has met the statutory requirements for entitlement to
compensation. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01537-1
Date issued/filed: 2018-03-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/7/2017) regarding 60 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01537-UNJ Document 70 Filed 03/23/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1537V
Filed: December 7, 2017
UNPUBLISHED
SHERI ROCCA,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 17, 2016, 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”) in her left shoulder following receipt of an influenza (“flu”)
vaccination on November 16, 1015. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On August 7, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On December 7, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded a total of
$167,293.39, representing $50,575.66 in compensation for lost earnings, $110,000.00
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-01537-UNJ Document 70 Filed 03/23/18 Page 2 of 5
in compensation for pain and suffering, and $6,717.73 in compensation for past
unreimbursable expenses. Proffer at 1-2. In the Proffer, respondent represented that
petitioner agrees with the proffered award. 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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $167,293.39, representing $50,575.66 in
compensation for lost earnings, $110,000.00 in compensation for pain and
suffering, and $6,717.73 in compensation for past unreimbursable expenses, in
the form of a check payable to petitioner, Sheri Rocca. 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

Case 1:16-vv-01537-UNJ Document 70 Filed 03/23/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SHERI ROCCA, )
)
Petitioner, )
) No. 16-1537V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Lost Earnings
The parties agree that based upon the evidence of record, Sheri Rocca has suffered past
and future loss of earnings as a result of her vaccine-related injury. Therefore, respondent
proffers that the Court should award Sheri Rocca a lump sum of $50,575.66 for her past and
future lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A).
Petitioner agrees.
B. Pain and Suffering
Respondent proffers that Sheri Rocca should be awarded $110,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.

Case 1:16-vv-01537-UNJ Document 70 Filed 03/23/18 Page 4 of 5
C. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Sheri Rocca’s expenditure of past
unreimbursable expenses related to her vaccine-related injury. Respondent proffers that
petitioner should be awarded past unreimbursable expenses in the amount of $6,717.73, as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Sheri Rocca should be made through
a lump sum payment as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following1: a lump sum payment of $167,293.39,
representing compensation for lost earnings ($50,575.66), pain and suffering ($110,000.00), and
past unreimbursable expenses ($6,717.73), in the form of a check payable to petitioner, Sheri
Rocca.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Sheri Rocca: $167,293.39
Respectfully submitted,
CHAD A. READLER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:16-vv-01537-UNJ Document 70 Filed 03/23/18 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
Sarah C. Duncan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Fax: (202) 616-4310
DATED: December 7, 2017
3