Filed: Mar. 15, 2016
Latest Update: Mar. 15, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On August 31, 2015, Alexander Rydell 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 alleged that he suffered pain in his right shoulder after receiving an influenza ("flu") vaccine on January 7, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Maste
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On August 31, 2015, Alexander Rydell 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 alleged that he suffered pain in his right shoulder after receiving an influenza ("flu") vaccine on January 7, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Master..
More
UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On August 31, 2015, Alexander Rydell 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 alleged that he suffered pain in his right shoulder after receiving an influenza ("flu") vaccine on January 7, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 17, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation. On March 15, 2016, respondent filed a proffer on award of compensation ("Proffer") stating that petitioner should be awarded $121,022.56, for pain and suffering, unreimbursed medical expenses, and lost wages. Proffer at 1. In the Proffer, respondent represents 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 $121,022.56, in the form of a check payable to petitioner, Alexander Rydell. 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. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $121,022.56 for pain and suffering, unreimbursed medical expenses, and lost wages, 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 $121,022.56 in the form of a check payable to petitioner. Petitioner agrees.
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
CHRISTINE MARY BECER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3665
Date: March 15, 2016