Filed: Jun. 07, 2016
Latest Update: Jun. 07, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 CHRISTIAN J. MORAN , Special Master . On October 2, 2015, Dorothy Handel filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-1 et seq., alleging that the Tdap vaccination caused her to suffer a shoulder injury related to vaccine administration ("SIRVA"). On March 9, 2016, the undersigned ruled, based upon respondent's concession, see Respondent's Report, filed March 8, 2016, that petitio
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 CHRISTIAN J. MORAN , Special Master . On October 2, 2015, Dorothy Handel filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-1 et seq., alleging that the Tdap vaccination caused her to suffer a shoulder injury related to vaccine administration ("SIRVA"). On March 9, 2016, the undersigned ruled, based upon respondent's concession, see Respondent's Report, filed March 8, 2016, that petition..
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UNPUBLISHED DECISION AWARDING DAMAGES1
CHRISTIAN J. MORAN, Special Master.
On October 2, 2015, Dorothy Handel filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that the Tdap vaccination caused her to suffer a shoulder injury related to vaccine administration ("SIRVA"). On March 9, 2016, the undersigned ruled, based upon respondent's concession, see Respondent's Report, filed March 8, 2016, that petitioners are entitled to compensation under the Vaccine Act.
On June 2, 2016, respondent filed a Proffer on Award of Compensation, to which petitioner agrees. Based upon the record as a whole, the special master finds the proffer reasonable and that petitioner is entitled to an award as stated in the Proffer. Pursuant to the attached Proffer the court awards petitioner:
A lump sum payment of $75,000.00, in the form of a check payable to petitioner, Dorothy Handel. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a) to which petitioner would be entitled
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 15-1112V according to this decision and the attached proffer.2
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-6360.
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 9, 2016, the special master issued an Unpublished Ruling Finding Entitlement to Compensation determining that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration ("SIRVA"). Respondent proffers that, based on the evidence of record, petitioner should be awarded $75,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below, and requests that the special master's decision and the Court's judgment award the following:1
A. A lump sum payment of $75,000.00 in the form of a check payable to petitioner, Dorothy Handel. 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,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/Michael P. Milmoe
___________________
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: June 2, 2016 Fax: (202) 616-4310
