Hazel Brown v. HHS - Influenza, injury to her shoulder as well as regional pain syndrome in her upper right extremity (2017)

Hazel Brown filed a petition on August 20, 2013, alleging that an influenza ("flu") vaccination she received on October 1, 2010, caused her to develop pain in her upper right arm, diagnosed as shoulder injury and complex regional pain syndrome (CRPS) in her upper right extremity. The respondent filed a report conceding that the petitioner's injury was caused-in-fact by the flu vaccination and that she was entitled to compensation.

Chief Special Master Dorsey issued a ruling on February 5, 2014, finding that the petitioner was entitled to compensation. Subsequently, on March 14, 2017, the respondent filed a proffer agreeing to issue payments.

Special Master Mindy Michaels Roth adopted the parties' proffer as the decision of the court. The award included a lump sum of $526,333.10 and an amount sufficient to purchase an annuity contract.

The lump sum represented compensation for life care expenses expected during the first year after judgment ($54,413.72), lost earnings ($215,507.84), pain and suffering ($238,074.05), and past unreimbursable expenses ($18,337.49). The annuity was to cover future life care expenses.

The compensation was awarded under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Danielle Strait of Maglio Christopher and Toale, PA.

Respondent was represented by Heather Pearlman of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The decision notes that life care planners Linda Curtis, RN, MS, CCM, CNLCP for the respondent and Susan Guth, LCSW, CCM, and CLCP for the petitioner provided estimations for future vaccine-injury related needs.

The decision also details the conditions for the annuity purchase, including the financial qualifications of the life insurance company and growth rates for different types of life care items (4% for non-medical, 5% for medical). The award was structured to provide payments for the life care items contained in the life care plan, with payments continuing only so long as the petitioner is alive.