Rosalie Peck v. HHS - Influenza, subdeltoid bursitis and adhesive capsulitis (2014)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner Rosalie Peck alleged injury of subdeltoid bursitis and adhesive capsulitis following an influenza vaccine administered on September 25, 2011. Respondent conceded that the injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused by the vaccination. The case proceeded on a proffer for compensation. The Special Master awarded a lump sum of $223,622.34, comprising $8,791.81 for first-year life care expenses, $211,401.83 for pain and suffering (net present value), and $3,428.70 for past unreimbursable expenses. An additional amount was awarded to purchase annuities for future life care expenses, with specified growth rates (4% for non-medical, 5% for medical) and annuity provider requirements. The decision was issued by Special Master Laura D. Millman on February 28, 2014. Petitioner counsel was Ronald C. Homer, and respondent counsel was Lisa A. Watts. The theory of causation was based on the respondent's concession of SIRVA, aligning with the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_13-vv-00249