VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01527
Package ID: USCOURTS-cofc-1_20-vv-01527
Petitioner: Dru Elliott
Filed: 2020-05-20
Decided: 2022-06-22
Vaccine: influenza
Vaccination date: 2019-09-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Dru Elliott filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 24, 2019. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA, that the case was timely filed, that the vaccine was received in the United States, and that Petitioner satisfied the statutory severity requirement. Based on Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. Respondent had filed a combined Rule 4 report/proffer on award of compensation indicating Petitioner should be awarded $60,000.00, which Petitioner agreed with. The Chief Special Master awarded Dru Elliott a lump sum payment of $60,000.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01527-0
Date issued/filed: 2022-06-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/20/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01527-UNJ Document 31 Filed 06/22/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1527V
UNPUBLISHED
DRU ELLIOTT, Chief Special Master Corcoran
Petitioner, Filed: May 20, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
RULING ON ENTITLEMENT1
On November 5, 2020, Dru Elliott 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”) as a result of an influenza (“flu”) vaccine that was administered
on September 24, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On May 19, 2022, 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 agrees that “[P]etitioner’s claim meets the Table criteria for
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
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). This means the Ruling will be available to anyone with access to the internet. 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, I agree that
the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01527-UNJ Document 31 Filed 06/22/22 Page 2 of 2
SIRVA.” Id. at 3. Respondent further agrees that “the case was timely filed, that the
vaccine was received in the United States, and that [P]etitioner satisfies the statutory
severity requirement.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01527-1
Date issued/filed: 2022-06-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/20/2022) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01527-UNJ Document 32 Filed 06/24/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1527V
UNPUBLISHED
DRU ELLIOTT, Chief Special Master Corcoran
Petitioner, Filed: May 20, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner.
Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On November 5, 2020, Dru Elliott 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”) as a result of an influenza (“flu”) vaccine that was administered
on September 24, 2019. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On May 20, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 19, 2022, Respondent filed a combined Rule 4
report/proffer on award of compensation (“Proffer”) indicating Petitioner should be
awarded $60,000.00. Rule 4/Proffer at 4. In the Rule 4/Proffer, Respondent represented
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required 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). This means the Decision will be available to anyone with access to the
internet. 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, I agree that the identified material fits within this definition, I 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-01527-UNJ Document 32 Filed 06/24/22 Page 2 of 2
that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find
that Petitioner is entitled to an award as stated in the Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum
payment of $60,000.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
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