Brandy Rojas v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Brandy Rojas filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a trivalent influenza vaccination on October 29, 2013, caused her to suffer injuries to her left shoulder, including Complex Regional Pain Syndrome (CRPS) and Myofascial Pain Syndrome. The respondent conceded that Ms.
Rojas was entitled to compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA), a non-Table injury, and that the medical evidence indicated the injury was causally related to the vaccination. The respondent did not concede CRPS but stated that the symptoms were consistent with the conceded SIRVA injury.
A ruling on entitlement was issued on March 10, 2015, finding Ms. Rojas entitled to compensation.
Subsequently, on June 24, 2016, the respondent filed a proffer on the award of compensation, which Ms. Rojas agreed to.
The decision awarding damages, issued on August 8, 2016, granted a total award of $201,565.99. This amount included $175,000.00 for pain and suffering, $1,511.34 for past unreimbursable medical expenses, $10,696.65 to satisfy a lien for services rendered by Professional Therapy Associates/Kalispell Rehabilitation Associates, Inc., and $14,358.00 for life care expenses expected in the first year after judgment.
Additionally, an amount sufficient to purchase an annuity was awarded to cover future life care expenses.
Source PDFs
USCOURTS-cofc-1_14-vv-01220