Filed: Feb. 11, 2015
Latest Update: Feb. 11, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On July 8, 2014, Gregory Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq, 2 (the "Vaccine Act" or "Program"). The petition alleges that as a result of a Tetanus-diphtheria-acellular pertussis ("Tdap") vaccination on July 11, 2011, petitioner suffered a left shoulder injury and related sequelae. Petition at 6. The case was assigned to the Spec
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On July 8, 2014, Gregory Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq, 2 (the "Vaccine Act" or "Program"). The petition alleges that as a result of a Tetanus-diphtheria-acellular pertussis ("Tdap") vaccination on July 11, 2011, petitioner suffered a left shoulder injury and related sequelae. Petition at 6. The case was assigned to the Speci..
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DECISION AWARDING DAMAGES1
DENISE K. VOWELL, Chief Special Master.
On July 8, 2014, Gregory Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 (the "Vaccine Act" or "Program"). The petition alleges that as a result of a Tetanus-diphtheria-acellular pertussis ("Tdap") vaccination on July 11, 2011, petitioner suffered a left shoulder injury and related sequelae. Petition at 6. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.
On October 29, 2014, I issued a ruling on entitlement, finding petitioner entitled to compensation. On February 10, 2015, respondent filed a proffer on award of compensation ("Proffer") detailing compensation for all elements of compensation to which petitioner would be entitled under §15(a). According to respondent's Proffer, petitioner agrees to the proposed award of compensation.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $201,882.12 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available under §15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
For purposes of this Proffer, the term "vaccine-related" is described in Respondent's Rule 4(c) Report, filed on October 29, 2014, conceding entitlement in this case. Respondent proffers that, based on the evidence of record, petitioner should be awarded $201,882.12. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the special master's decision and the Court's judgment award the following:1
A. A lump sum payment of $201,882.12 in the form of a check payable to petitioner, Gregory Smith. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ Heather L. Pearlman
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 353-2699
Fax: (202) 616-4310
Dated: February 10, 2015
