Filed: Sep. 16, 2015
Latest Update: Sep. 16, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Special Masters . On March 23, 2015, Nadara Shives 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"]. The petition alleged that as a result of an influenza ("flu") vaccination on September 20, 2013, petitioner suffered a right shoulder injury related to vaccine administration ("SIRVA"). The case was assigned to the Special Processing Uni
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Special Masters . On March 23, 2015, Nadara Shives 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"]. The petition alleged that as a result of an influenza ("flu") vaccination on September 20, 2013, petitioner suffered a right shoulder injury related to vaccine administration ("SIRVA"). The case was assigned to the Special Processing Unit..
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DECISION AWARDING DAMAGES1
DENISE K. VOWELL, Special Masters.
On March 23, 2015, Nadara Shives 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"]. The petition alleged that as a result of an influenza ("flu") vaccination on September 20, 2013, petitioner suffered a right shoulder injury related to vaccine administration ("SIRVA"). The case was assigned to the Special Processing Unit of the Office of Special Masters ("SPU").
On June 12, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation. On September 16, 2015, respondent filed a proffer on award of compensation ("Proffer") detailing compensation for all elements of compensation to which petitioner would be entitled under §15(a). According to respondent's Proffer, petitioner agrees to the proposed award of compensation.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $120,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available under §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
Respondent filed her Vaccine Rule 4(c) Report on June 11, 2015, conceding that petitioner was entitled to receive compensation for a shoulder injury related to vaccine administration ("SIRVA"), which was caused by the flu vaccination she received on September 20, 2013. On July 8, 2015, the Special Master issued a decision finding that a preponderance of the medical evidence established that petitioner's SIRVA injury was causally related to the flu vaccination she received on September 20, 2013. The parties proceeded thereafter to address the amount of compensation to be awarded in this case.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded a total lump sum of $120,000.00, which amount 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 $120,000.00 in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
/s/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4122
