Filed: Sep. 10, 2014
Latest Update: Sep. 10, 2014
Summary: DECISION AWARDING DAMAGES 1 LISA D. HAMILTON-FIELDMAN, Special Master. On June 20, 2012, Petitioner, Jennah Qutub, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"). Petitioner alleged that the administration of an influenza vaccination on January 25, 2011, caused her to suffer a shoulder injury related to vaccine administration ("SIRVA"). 2 Respondent submitted in a Proffer, filed on September 9, 2014, that based on the evi
Summary: DECISION AWARDING DAMAGES 1 LISA D. HAMILTON-FIELDMAN, Special Master. On June 20, 2012, Petitioner, Jennah Qutub, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"). Petitioner alleged that the administration of an influenza vaccination on January 25, 2011, caused her to suffer a shoulder injury related to vaccine administration ("SIRVA"). 2 Respondent submitted in a Proffer, filed on September 9, 2014, that based on the evid..
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DECISION AWARDING DAMAGES1
LISA D. HAMILTON-FIELDMAN, Special Master.
On June 20, 2012, Petitioner, Jennah Qutub, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"). Petitioner alleged that the administration of an influenza vaccination on January 25, 2011, caused her to suffer a shoulder injury related to vaccine administration ("SIRVA").2
Respondent submitted in a Proffer, filed on September 9, 2014, that based on the evidence of record, Petitioner should be awarded $206,652.15, and that Petitioner agrees to this amount.
The undersigned finds said proffer reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Proffer, the undersigned awards Petitioner:
A lump sum total of $206,652.15, representing the discounted present value of Petitioner's projected vaccine-related injury expenses ($10,111.08), past lost earnings ($42,528.00), pain and suffering ($153,792.00), and past un-reimbursable expenses ($221.07) in the form of a check payable to Petitioner.
Proffer Section II, III.
The undersigned approves the requested amounts for Petitioner's compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded $10,111.08 for projected unreimbursable medical expenses. This amount reflects that the award for projected unreimbursable expenses has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(1), (f)(4)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, it is unlikely that petitioner's vaccine-related injury will impact her future employment. Thus, future lost earnings under 42 U.S.C. § 300aa-15(a)(3)(A) are not appropriate in this case. However, petitioner did experience a total past loss of earnings in the amount of $42,528.00, and respondent proffers that amount be awarded to her. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $153,792.00 in 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), (f)(4)(A). Petitioner agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioners should be awarded past unreimbursable expenses in the amount of $221.07. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no Medicaid liens outstanding against her.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the Special Master's decision and the Court's judgment award the following:1
A. A lump sum payment of $206,652.15, representing the discounted present value of petitioner's projected vaccine-related injury expenses ($10,111.08), past lost earnings ($42,528.00), pain and suffering ($153,792.00), and past un-reimbursable expenses ($221.07) in the form of a check payable to petitioner.
1. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner for future vaccine-related expenses, past unreimbursable expenses, past lost earnings, and pain and suffering: $206,652.15
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE.
Senior Trial Counsel
Torts Branch, Civil Division
