Kristen Rosati v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Kristen Rosati filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 5, 2021. She further alleged that her injury lasted for more than six months.
The respondent conceded that Petitioner is entitled to compensation, stating she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also agreed that her condition lasted for more than six months.
Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the respondent filed a proffer on award of compensation, recommending a total award of $101,409.11, consisting of $100,000.00 for pain and suffering and $1,409.11 for past unreimbursable expenses.
Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding the lump sum payment of $101,409.11 to Kristen Rosati.
Source PDFs
USCOURTS-cofc-1_23-vv-01704