Filed: Mar. 17, 2016
Latest Update: Mar. 17, 2016
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 11, 2015, Doris Levitzki ("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" or "Program"]. Petitioner alleges that she suffered left shoulder pain "causally related to an adverse reaction" after receiving an influenza vaccination on September 17, 2015. Petition at 3-4, 10. The case was assigned to t
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 11, 2015, Doris Levitzki ("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" or "Program"]. Petitioner alleges that she suffered left shoulder pain "causally related to an adverse reaction" after receiving an influenza vaccination on September 17, 2015. Petition at 3-4, 10. The case was assigned to th..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On December 11, 2015, Doris Levitzki ("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" or "Program"]. Petitioner alleges that she suffered left shoulder pain "causally related to an adverse reaction" after receiving an influenza vaccination on September 17, 2015. Petition at ¶¶ 3-4, 10. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 16, 2016, a ruling on entitlement was issued, finding that petitioner was entitled to compensation. On March 17, 2016, respondent filed a proffer on award of compensation ["Proffer"] stating that petitioner should be awarded $100,000.00. Proffer at 1. According to respondent's Proffer, petitioner agrees to the proposed award of compensation. Id.
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, Doris Levitzki. 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
I. Items of Compensation
For purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report, filed on March 15, 2016, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner should be awarded $100,000.00. This represents all elements of competition to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for her vaccine-related injury.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment described below, and request that the Chief Special Master's decision and the Court's judgment award the following:
A lump sum payment of $100,000.00 in the form of a check payable to petitioner, Doris Levitzki. This amounts 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.
