Lillian Rozanski v. HHS - Influenza, left arm neuroma (2016)
Case summary [AI summaries can sometimes make mistakes]
Lillian Rozanski filed a petition for compensation under the National Vaccine Injury Compensation Program on November 5, 2015. She alleged that an influenza vaccination she received on October 23, 2013, caused her to develop chronic severe left shoulder pain, consistent with a shoulder injury related to vaccine administration (SIRVA), specifically a left arm neuroma.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 14, 2016, conceding that Ms. Rozanski's alleged injury was consistent with a left arm neuroma caused in fact by the flu vaccine and that no other causes were identified.
The respondent also agreed that Ms. Rozanski had satisfied all legal prerequisites for compensation.
On March 17, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Rozanski entitled to compensation based on the respondent's concession.
Subsequently, on April 4, 2016, the respondent filed a proffer of damages, proposing an award of $75,000.00 for actual and projected pain and suffering, which Ms. Rozanski accepted.
The proffer also stated that Ms. Rozanski would not receive awards for past unreimbursable expenses or lost wages, as her earning capacity was not impaired by the vaccine-related injury.
On April 6, 2016, Chief Special Master Dorsey issued a decision awarding Ms. Rozanski a lump sum payment of $75,000.00 for pain and suffering.
Edward M. Kraus represented the petitioner, and Alexis B.
Babcock represented the respondent. The decision was issued by Chief Special Master Nora Beth Dorsey.