VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01327
Package ID: USCOURTS-cofc-1_15-vv-01327
Petitioner: Lillian Rozanski
Filed: 2015-11-05
Decided: 2016-05-19
Vaccine: influenza
Vaccination date: 2013-10-23
Condition: left arm neuroma
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
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 May 19, 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.

Theory of causation field:
Petitioner Lillian Rozanski alleged that an influenza vaccine administered on October 23, 2013, caused a left arm neuroma, resulting in chronic severe left shoulder pain consistent with SIRVA. The respondent conceded that the 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 petitioner met all legal prerequisites for compensation. The case proceeded to a ruling on entitlement, issued March 17, 2016, by Chief Special Master Nora Beth Dorsey, finding petitioner entitled to compensation. A subsequent damages decision, issued May 19, 2016, by Chief Special Master Dorsey, awarded petitioner a $75,000.00 lump sum for actual and projected pain and suffering, based on a proffer of damages filed by the respondent on April 4, 2016. Petitioner agreed to this award, which also stipulated no compensation for past unreimbursable expenses or lost wages. The theory of causation was based on the respondent's concession and the Table, as indicated by the initial database fields. Petitioner was represented by Edward M. Kraus, and respondent by Alexis B. Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01327-0
Date issued/filed: 2016-05-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/17/2016) regarding 16 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01327-UNJ Document 23 Filed 05/12/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1327V
Filed: March 17, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LILLIAN ROZANSKI, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination;
* Left Arm Neuroma;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 5, 2015, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that as a result of her October 23, 2013 influenza
(“flu”) vaccination she suffers chronic severe left shoulder pain, which is consistent with
a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1, ¶ 24 . The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 14, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent “has concluded that petitioner’s alleged injury is
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-01327-UNJ Document 23 Filed 05/12/16 Page 2 of 2
consistent with a left arm neuroma3 that was caused in fact by the flu vaccine she
received on October 2[3], 2013. [Respondent] did not identify any other causes for
petitioner’s neuroma, and records show that she has suffered the sequela of [her] injury
for more than six months.” Id. at 4. Respondent further agrees that “petitioner has
satisfied all legal prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 An OSM staff attorney contacted counsel for the parties by email communication on March 16, 2016 and
confirmed that petitioner has no objection to the characterization of her injury as a left arm neuroma, and
both parties agree the characterization of petitioner's injury in this claim should not impact the
assessment of damages related to her injury.
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01327-1
Date issued/filed: 2016-05-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/06/2016) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01327-UNJ Document 24 Filed 05/19/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1327V
Filed: April 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LILLIAN ROZANSKI, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccination;
v. * Left Arm Neuroma;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 5, 2015, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that as a result of her October 23, 2013 influenza
(“flu”) vaccination she suffers chronic severe left shoulder pain, which is consistent with
a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1, ¶ 24 . The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 17, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a left arm neuroma. On April 4, 2016, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $75,000.00
for actual and projected pain and suffering. Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Based on the
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-01327-UNJ Document 24 Filed 05/19/16 Page 2 of 4
record as a whole, the undersigned finds that petitioner is entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $75,000.00 which represents compensation for
actual and projected pain and suffering, in the form of a check payable to
petitioner, Lillian Rozanski. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:15-vv-01327-UNJ Document 24 Filed 05/19/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
LILLIAN ROZANSKI, )
)
Petitioner, )
) No. 15-1327
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on March 14, 2016.
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in actual and projected
pain and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Respondent proffers that petitioner should not be awarded any past unreimbursable
expenses related to her vaccine injury. Petitioner agrees.
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner’s vaccine-related
injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner
should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-
15(a)(3)(A). Petitioner agrees.
1

Case 1:15-vv-01327-UNJ Document 24 Filed 05/19/16 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment as described below and request that the Chief Special Master’s decision
and the Court’s judgment award the following:1
A lump sum payment of $75,000.00, which represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-
15(a), in the form of a check payable to petitioner.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: April 4, 2016 Telephone: (202) 616-7678
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate
relief. In particular, respondent would oppose any award for future medical expenses and future pain and suffering.
2