UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On August 31, 2018, 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 she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza vaccine received on October 20, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 21, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. On September 26, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $103,102.25 (comprised of $82,500.00 for pain and suffering, $1,114.38 for past unreimbursable expenses, and $19,487.87 for lost earnings). Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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 $103,102.25 (comprised of $82,500.00 for pain and suffering, $1,114.38 for past unreimbursable expenses, and $19,487.87 for lost earnings) in the form of a check payable to petitioner, Maia Merin. 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

On August 21, 2019, respondent filed a Rule 4(c) Report, in which he conceded entitlement to compensation. On the same day, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation for her shoulder injury related to vaccine administration ("SIRVA").

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that the Court should award Maia Merin a lump sum of $82,500.00 for her actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

B. Past Unreimbursable Expenses

Respondent proffers that the Court should award Maia Merin a lump sum of $1,114.38 for past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.

C. Lost Earnings

The parties agree that based upon the evidence of record, Maia Merin has suffered a past loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers that the Court should award Maia Merin a lump sum of $19,487.87 for her lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

II. Form of Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $103,102.25, in the form of a check payable to petitioner, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.