Filed: Mar. 24, 2014
Latest Update: Mar. 24, 2014
Summary: DECISION AWARDING DAMAGES 1 LISA HAMILTON-FIELDMAN, Special Master. On August 29, 2013, petitioner, Latasha George, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"), 2 alleging that she suffered injuries as a result of receiving certain vaccinations. Respondent has conceded that petitioner is entitled to compensation based on a SIRVA injury, which she sustained as a result of the flu vaccine administered on September 9, 20
Summary: DECISION AWARDING DAMAGES 1 LISA HAMILTON-FIELDMAN, Special Master. On August 29, 2013, petitioner, Latasha George, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"), 2 alleging that she suffered injuries as a result of receiving certain vaccinations. Respondent has conceded that petitioner is entitled to compensation based on a SIRVA injury, which she sustained as a result of the flu vaccine administered on September 9, 201..
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DECISION AWARDING DAMAGES1
LISA HAMILTON-FIELDMAN, Special Master.
On August 29, 2013, petitioner, Latasha George, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"),2 alleging that she suffered injuries as a result of receiving certain vaccinations.
Respondent has conceded that petitioner is entitled to compensation based on a SIRVA injury, which she sustained as a result of the flu vaccine administered on September 9, 2010. Resp't's Rule 4 Report at 6, filed on November 25, 2013.
Based on the persuasive factors supporting petitioner's vaccine claim and respondent's election not to challenge petitioner's claim, the undersigned finds that petitioner is entitled to compensation under the Vaccine Program. Accordingly, a determination of damages is appropriate.
On March 21, 2013, respondent filed a Proffer on Award of Compensation (Proffer). The Proffer indicates that petitioner agrees with the amounts specified therein. Based on the record as a whole, the undersigned finds that petitioners are entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the court awards petitioner:
1. A lump sum payment of $1,036,839.63, representing compensation for lost future earnings ($593,700.00), past lost earning ($124,582.91), pain and suffering ($167,412.72), past un-reimbursable expenses ($86,845.00), and future medical expenses ($64,299.00), in the form of a check payable to Petitioner.
Proffer at 2-3.
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
For the purposes of this Proffer, the term "vaccine-related" is described in Respondent's Rule 4(c) Report filed on November 25, 2013, conceding entitlement in this case.
A. Lost Future Earnings
The parties agree that based upon the evidence of record, Latasha George ("petitioner") is entitled to future lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for petitioner's future lost earnings is $593,700.00. Petitioner agrees.
B. Past Lost Earnings
The parties agree that based upon the evidence of record, petitioner is entitled to past lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for petitioner's future lost earnings is $124,582.91. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $167,412.72 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). Petitioner agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner demonstrates the expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $86,845.00. Petitioner agrees.
E. Future Medical Expenses
Respondent proffers that petitioner should be awarded future medical expenses in the amount of $64,299.00. Petitioner agrees.
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 lump sum payment of $1,036,839.63, (representing compensation for lost future earnings ($593,700.00), past lost earnings ($124,582.91), pain and suffering ($167,412.72), past unreimbursable expenses ($86,845.00), and future medical expenses ($64,299.00)), in the form of a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner: $1,036,839.63
Respectfully submitted,
STUART F. DELERY
Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Gordon Shemin
GORDON SHEMIN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4208
Dated: March 21, 2014 Fax: (202) 353-2988
