UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On February 8, 2017, 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 suffered a shoulder injury related to vaccine administration ("SIRVA") following an influenza ("flu") vaccination on October 1, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 21, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On January 11, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $104,350.44 ($102,500 for pain and suffering and $1,850.44 for out-of-pocket 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 $104,350.44 ($102,500.00 for pain and suffering, and $1,850.44 for out-of-pocket expenses) in the form of a check payable to petitioner, Amber McAteer. 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

On September 21, 2017, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on September 21, 2017, the Chief Special Master issued a Ruling on Entitlement.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $104,350.44 ($102,500.00 for pain and suffering and $1,850.44 for out-of-pocket expenses) which represents 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 to petitioner should be made through a lump sum payment of $104,350.44 in the form of a check payable to petitioner. Petitioner agrees.