Filed: May 18, 2016
Latest Update: May 18, 2016
Summary: UNPUBLISHED NORA BETH DORSEY , Chief Special Master . DECISION AWARDING DAMAGES 1 On January 15, 2016, 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 tendonitis, bursitis and adhesive capsulitis as a result of her October 28, 2014 influenza ("flu") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office o
Summary: UNPUBLISHED NORA BETH DORSEY , Chief Special Master . DECISION AWARDING DAMAGES 1 On January 15, 2016, 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 tendonitis, bursitis and adhesive capsulitis as a result of her October 28, 2014 influenza ("flu") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of..
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UNPUBLISHED
NORA BETH DORSEY, Chief Special Master.
DECISION AWARDING DAMAGES1
On January 15, 2016, 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 tendonitis, bursitis and adhesive capsulitis as a result of her October 28, 2014 influenza ("flu") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 6, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for shoulder injury related to vaccine administration ("SIRVA"). On May 17, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $80,000.00. 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 $80,000.00 in the form of a check payable to petitioner, Cheryl Zupon. 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
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded $80,000.00. 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 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 $80,000.00 in the form of a check payable to petitioner, Cheryl Zupon. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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.
Heather L. Pearlman, Senior Trial Attorney,
Torts Branch, Civil Division.
