Filed: Apr. 06, 2016
Latest Update: Apr. 06, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On April 20, 2015, Lara Felker ("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 alleged that she suffered an injury to her left shoulder as a result of a tetanus-diphtheria-acellular pertussis ("Tdap") vaccine administered on September 22, 2014. The case was assigned to the Special Proc
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On April 20, 2015, Lara Felker ("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 alleged that she suffered an injury to her left shoulder as a result of a tetanus-diphtheria-acellular pertussis ("Tdap") vaccine administered on September 22, 2014. The case was assigned to the Special Proce..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On April 20, 2015, Lara Felker ("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 alleged that she suffered an injury to her left shoulder as a result of a tetanus-diphtheria-acellular pertussis ("Tdap") vaccine administered on September 22, 2014. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 30, 2015, the undersigned issued a ruling on entitlement finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ("SIRVA"). On April 4, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $135,000.00. 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 $135,000.00 in the form of a check payable to petitioner, Lara Felker. 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. Compensation for Vaccine Injury-Related Items
On October 30, 2015, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement finding 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 $135,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 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 $135,000.00 in the form of a check payable to petitioner, Lara Felker. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
