Rosalie Peck v. HHS - Influenza, subdeltoid bursitis and adhesive capsulitis (2014)

On April 8, 2013, Rosalie Peck filed a petition alleging that she suffered subdeltoid bursitis and adhesive capsulitis as a result of receiving an influenza vaccine on September 25, 2011. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on July 17, 2013, conceding that the petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that it was caused by the September 25, 2011, flu vaccination.

The parties subsequently agreed to a proffer on the award of compensation. On February 28, 2014, Special Master Laura D.

Millman issued a decision awarding damages based on this proffer. The court awarded Rosalie Peck a lump sum payment of $223,622.34.

This amount included compensation for life care expenses expected to be incurred during the first year after judgment ($8,791.81), pain and suffering ($211,401.83), and past unreimbursable expenses ($3,428.70). Additionally, an amount sufficient to purchase annuity contracts for future life care expenses was awarded, subject to specific conditions regarding growth rates and the life insurance company providing the annuity.

The decision was based on the parties' proffer and the record as a whole. Petitioner was represented by Ronald C.

Homer, and respondent was represented by Lisa A. Watts.

The decision was filed on February 28, 2014, and later issued on March 21, 2014.