Paula Rosselet v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Filed 2018-05-11Decided 2019-11-18Vaccine Influenza
compensated$64,936

Case summary [AI summaries can sometimes make mistakes]

Paula Rosselet filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving influenza, Tdap, and MMR vaccinations on January 23, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Rosselet's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table. The respondent further agreed that she had satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Rosselet entitled to compensation.

Subsequently, the parties submitted a proffer on the award of compensation. The respondent recommended an award of $64,936.59, which included $62,500.00 for pain and suffering and $2,436.59 for unreimbursable expenses.

Ms. Rosselet agreed with this proposed award.

The Chief Special Master accepted the proffer and awarded Ms. Rosselet the lump sum payment of $64,936.59, representing compensation for all damages available under the Vaccine Act.

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