Jason Rosenberg v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Jason Rosenberg filed a petition for compensation under the National Vaccine Injury Compensation Program on July 15, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 29, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 14, 2020, conceding that Mr.
Rosenberg's claim met the Table criteria for SIRVA, was timely filed, and satisfied the statutory severity requirement of suffering residual effects for more than six months post-vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on December 15, 2020, finding Mr. Rosenberg entitled to compensation.
Subsequently, on December 15, 2020, Chief Special Master Corcoran issued a Decision Awarding Damages. The respondent had proffered an award of $123,943.44, which included $120,000.00 for pain and suffering and $3,943.44 for unreimbursed expenses.
Mr. Rosenberg agreed with this proffered award.
The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The public decision does not name petitioner counsel or respondent counsel.
The award was granted as a lump sum payment in the form of a check payable to Petitioner.