Filed: Apr. 29, 2016
Latest Update: Apr. 29, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On February 3, 2016, John D. Buser ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleges that, as a result of receiving an influenza ("flu") vaccine on October 12, 2014, he suffered a shoulder injury that was caused-in-fact by his vaccination. Petition at 1. The case was assigned to
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On February 3, 2016, John D. Buser ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleges that, as a result of receiving an influenza ("flu") vaccine on October 12, 2014, he suffered a shoulder injury that was caused-in-fact by his vaccination. Petition at 1. The case was assigned to t..
More
UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On February 3, 2016, John D. Buser ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioner alleges that, as a result of receiving an influenza ("flu") vaccine on October 12, 2014, he suffered a shoulder injury that was caused-in-fact by his vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 29, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On April 28, 2016, respondent filed a Rule 4(c) Report which included a proffer on award of compensation ("Proffer") stating that petitioner should be awarded $100,000.00. Respondent's Report/Proffer at 4. In the Proffer, respondent represents that petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $100,000.00, in the form of a check payable to petitioner, John D. Buser. This amount represents compensation for all damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
