Filed: Jan. 28, 2016
Latest Update: Jan. 28, 2016
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On July 24, 2015, Thomas Dyroff ("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 3, 2013, he suffered a shoulder injury related to vaccine administration ("SIRVA"). Petition at 1. The case was assigned to the
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On July 24, 2015, Thomas Dyroff ("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 3, 2013, he suffered a shoulder injury related to vaccine administration ("SIRVA"). Petition at 1. The case was assigned to the S..
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Unpublished
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On July 24, 2015, Thomas Dyroff ("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 3, 2013, he suffered a shoulder injury related to vaccine administration ("SIRVA"). Petition at 1. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.
On October 13, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for a Shoulder Injury Related to Vaccine Administration ("SIRVA"). On January 28, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $100,000.00. Proffer at 1. 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 $100,000.00 in the form of a check payable to petitioner, Thomas Dyroff. This amount represents compensation for all damages that would be available under § 300aa-15(a).
The January 28, 2016 deadline for respondent's status report is deemed moot and is terminated.
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
On October 10, 2015, respondent filed a Rule 4(c) Report conceding 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 $100,000.00. 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
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 $100,000.00 in the form of a check payable to petitioner, Thomas Dyroff. 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.
