Filed: May 14, 2015
Latest Update: May 14, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On October 15, 2014, Christina Lokay 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 a shoulder injury which was caused by the influenza vaccine she received on November 19, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Ma
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On October 15, 2014, Christina Lokay 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 a shoulder injury which was caused by the influenza vaccine she received on November 19, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Mas..
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DECISION AWARDING DAMAGES1
DENISE K. VOWELL, Chief Special Master.
On October 15, 2014, Christina Lokay 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 a shoulder injury which was caused by the influenza vaccine she received on November 19, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 12, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation. On May 14, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $130,000.00. Proffer at 1. According to respondent's Proffer, petitioner agrees to this proposed amount. Id.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $130,000.00 in the form of a check payable to petitioner, Christina Lokay. 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
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded $130,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as lump sum payment of $130,000.00, in the form of a check payable to petitioner.1 Petitioner is a competent adult. Evidence of guardianship is not required in this case. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
