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Stacy v. Secretary of Health and Human Services, 16-190V. (2016)

Court: United States Court of Federal Claims Number: infdco20161006d79 Visitors: 5
Filed: Jul. 22, 2016
Latest Update: Jul. 22, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On February 8, 2016, 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 experienced a shoulder injury related to vaccine administration ("SIRVA") as a result of receiving her October 15, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special Processin
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UNPUBLISHED

DECISION AWARDING DAMAGES1

On February 8, 2016, 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 experienced a shoulder injury related to vaccine administration ("SIRVA") as a result of receiving her October 15, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 11, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On July 21, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded a lump sum of $160,167.69, consisting of:

• $140,000.00 for actual and projected pain and suffering; • $20,000.00 for certain unreimbursable expenses petitioner will incur in the future as a result of her vaccine-related injury; and • $167.69 for past unreimbursable expenses.

Proffer at 1. In the Proffer, respondent represented 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 $160,167.69 in the form of a check payable to petitioner, Kathryn Stacy. 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.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

In her Ruling on Entitlement issued on April 11, 2016, the Chief Special Master found that a preponderance of the evidence indicates that petitioner, Kathryn Stacy, suffered a shoulder injury related to vaccine administration ("SIRVA"), which was causally-related to the flu vaccination she received on October 15, 2015. The parties have now addressed the amount of compensation to be awarded in this case.

I. Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $160,167.69, consisting of $140,000.00 for actual and projected pain and suffering, $20,000.00 for certain unreimbursable expenses petitioner will incur in the future as a result of her vaccine-related injury, and past unreimbursable expenses in the amount of $167.69. These amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided should be made through a lump sum payment in the form of a check for $160,167.69, payable to petitioner.

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 LISA A. WATTS Senior Trial Attorney Torts Branch, Civil Division s/Voris E. Johnson, Jr. VORIS E. JOHNSON, JR. Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-4136

FootNotes


1. Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.
2. National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all "§" references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
3. Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties' joint filing of notice renouncing the right to seek review.
1. Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief.
Source:  Leagle

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