Rosie M. Taylor v. HHS - Influenza, shoulder and arm injury (2016)

On September 17, 2014, Rosie M. Taylor filed a petition under the National Childhood Vaccine Injury Act alleging she suffered a shoulder and arm injury as a result of an influenza vaccine received on October 12, 2011.

The respondent filed a Rule 4(c) Report on May 21, 2015, conceding that Ms. Taylor suffered from a shoulder injury related to vaccine administration (SIRVA) and recommended compensation.

The parties subsequently agreed to a settlement. On June 27, 2016, respondent filed a Proffer on Award of Compensation.

Special Master Laura D. Millman issued a decision awarding damages based on this proffer.

The court awarded Ms. Taylor a total of $151,548.78, representing compensation for life care expenses for the first year ($10,023.27), pain and suffering ($138,126.46), and past unreimbursable expenses ($3,399.05).

This amount was to be paid as a lump sum check made payable to Ms. Taylor.

Additionally, the court awarded an amount sufficient to purchase an annuity contract for future life care items, as detailed in the life care plan. The annuity payments would be made to Ms.

Taylor for her lifetime, with growth rates of four percent compounded annually for non-medical items and five percent compounded annually for medical items. The parties agreed that Ms.

Taylor had not suffered and would not suffer any loss of earnings. Petitioner counsel was Lisa A.

Roquemore, and respondent counsel was Camille M. Collett.

The decision was dated June 28, 2016.