ELLIS v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-962V
HANNAH ELLIS,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 11, 2025
Eric Allan Koch, Gutwein Law, Indianapolis, IN, for Petitioner.
Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 26, 2023, Hannah Ellis 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 Table injury - shoulder injury related
to vaccine administration (“SIRVA”) as a result of the administration of her October 20,
2020 influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 29, 2025, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 10, 2025, Respondent filed a proffer
on 	award 	of 	compensation 	(“Proffer”) 	indicating 	Petitioner 	should 	be 	awarded
$122,500.00 for pain and suffering. Proffer at 1. In the Proffer, Respondent represented
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 Proffer.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).
Case 1:23-vv-00962-UNJ Document 44 Filed 01/12/26 Page 1 of 5

2
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $122,500.00 (representing pain and suffering) to be paid through
an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement
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.
Case 1:23-vv-00962-UNJ Document 44 Filed 01/12/26 Page 2 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
HANNAH ELLIS,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 23-962V
Chief Special Master Corcoran
ECF
PROFFER ON AWARD OF COMPENSATION1
On June 26, 2023, Hannah Ellis (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or
“Act”), as amended, alleging that she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) following an influenza (“flu”) vaccination she received on October
20, 2020. Petition at 1 (ECF No. 1). On September 24, 2025, the Secretary of Health and
Human Services (“respondent”) filed his Rule 4(c) Report indicating that this case is appropriate
for compensation under the terms of the Act for a SIRVA Table injury . ECF No. 36. On
September 29, 2025, the Chief Special Master issued a Ruling on Entitlement finding that
petitioner is entitled to vaccine compensation. ECF No. 37.
I. Items of Compensation
Based on the evidence of record, respondent proffers that petitioner should be awarded
$122,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.
Case 1:23-vv-00962-UNJ Document 44 Filed 01/12/26 Page 3 of 5

2
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award/Recommended Payment
The parties recommend that the compensation provided to petitioner should be made
through one lump sum payment as described below and request that the Chief Special Master’s
decision and the Court’s judgment award the following:2
A lump sum payment of $122,500.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Hannah Ellis.
Petitioner is a competent adult. Proof of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
2 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, future lost earnings, and future pain and suffering.
Case 1:23-vv-00962-UNJ Document 44 Filed 01/12/26 Page 4 of 5

3
s/ Rochelle I. Gillenson
ROCHELLE I. GILLENSON
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) 616-4267
E-mail: rochelle.gillenson@usdoj.gov
Dated: December 10, 2025
Case 1:23-vv-00962-UNJ Document 44 Filed 01/12/26 Page 5 of 5