VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01605
Package ID: USCOURTS-cofc-1_16-vv-01605
Petitioner: Helen McElroy
Filed: 2016-12-05
Decided: 2018-03-09
Vaccine: influenza
Vaccination date: 2015-11-02
Condition: left shoulder subacromial bursitis and rotator cuff tendonitis
Outcome: compensated
Award amount USD: 83480

AI-assisted case summary:
On December 5, 2016, Helen McElroy filed a Vaccine Program petition after receiving an influenza vaccine on November 2, 2015. She alleged that the flu shot caused left shoulder subacromial bursitis and rotator cuff tendonitis, and the case proceeded in the Special Processing Unit.

Respondent conceded entitlement in a Rule 4(c) report filed March 9, 2018. The report stated that McElroy's alleged injury was consistent with a shoulder injury related to vaccine administration, or SIRVA, caused by the flu vaccination. Respondent also agreed that no other cause had been identified, that McElroy suffered residual effects for more than six months, and that she satisfied the legal prerequisites for compensation.

Chief Special Master Nora Beth Dorsey granted entitlement on March 9, 2018 and issued a damages decision the same day. McElroy was awarded a lump sum of $83,480.00, payable to her, consisting of $82,500.00 for actual and projected pain and suffering and $980.00 for past unreimbursable expenses. She was represented by John Caldwell of Maglio Christopher & Toale, PA.

Theory of causation field:
Influenza vaccine (November 2, 2015) causing left shoulder subacromial bursitis and rotator cuff tendonitis/SIRVA. COMPENSATED. Respondent conceded causation-in-fact, stating the alleged injury was consistent with SIRVA caused by flu vaccination; no other cause identified, residual effects more than six months, legal prerequisites satisfied. Chief Special Master Nora Beth Dorsey granted entitlement and damages on March 9, 2018. Award: $83,480.00 lump sum payable to Helen McElroy ($82,500.00 actual/projected pain and suffering + $980.00 past unreimbursable expenses). Attorney: John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01605-0
Date issued/filed: 2018-06-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/9/2018) regarding 39 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01605-UNJ Document 44 Filed 06/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1605V
Filed: March 9, 2018
UNPUBLISHED
HELEN MCELORY,
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.
John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 5, 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 left shoulder subacromial bursitis
and rotator cuff tendonitis following her November 2, 2015 influenza (“flu”) vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 9, 2018, 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 determined that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) that was
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-01605-UNJ Document 44 Filed 06/12/18 Page 2 of 2
caused by the administration of petitioner’s flu vaccination.” Id. at 4. Respondent
further agrees that no other cause of petitioner’s injury has been identified, that she
suffered residual effects of her condition for more than six months, and that petitioner
has satisfied all legal prerequisites to compensation under the Vaccine Act. 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-01605-1
Date issued/filed: 2018-06-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/9/2018) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01605-UNJ Document 45 Filed 06/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1605V
Filed: March 9, 2018
UNPUBLISHED
HELEN MCELROY,
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.
John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 5, 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 left shoulder subacromial bursitis
and rotator cuff tendonitis following her November 2, 2015 influenza (“flu”) vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 9, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
March 9, 2018, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $83,480.00, including $82,500.00 for actual and
projected pain and suffering and $980.00 for past unreimbursable expenses. Proffer at
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-01605-UNJ Document 45 Filed 06/12/18 Page 2 of 2
4.3 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 Proffer, the undersigned awards petitioner
a lump sum payment of $83,480.00, representing compensation for pain and
suffering ($82,500.00), and past unreimbursable expenses ($980.00), in the form
of a check payable to petitioner, Helen McElroy. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Respondent filed a combined Rule 4 Report and Proffer.
4 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