Filed: Apr. 02, 2019
Latest Update: Apr. 02, 2019
Summary: DECISION AWARDING DAMAGES — SPECIAL PROCESSING UNIT 1 NORA BETH DORSEY , Chief Special Master . On June 22, 2016, Courtney P. Binette ("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") as a result of an influenza ("flu") vaccine she received on October 22, 2015. Petition at 1. On Ma
Summary: DECISION AWARDING DAMAGES — SPECIAL PROCESSING UNIT 1 NORA BETH DORSEY , Chief Special Master . On June 22, 2016, Courtney P. Binette ("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") as a result of an influenza ("flu") vaccine she received on October 22, 2015. Petition at 1. On Mar..
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DECISION AWARDING DAMAGES — SPECIAL PROCESSING UNIT1
NORA BETH DORSEY, Chief Special Master.
On June 22, 2016, Courtney P. Binette ("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") as a result of an influenza ("flu") vaccine she received on October 22, 2015. Petition at 1.
On March 13, 2018, the undersigned issued a ruling finding petitioner entitled to compensation. (ECF No. 37). A damages order was issued on March 14, 2018. (ECF No. 38). The parties were unable to reach a resolution on the appropriate amount of damages, specifically, the amount to be awarded for petitioner's pain and suffering. (ECF Nos. 39-40). A damages hearing was held in Washington, D.C., on October 30, 2018.
On March 20, 2019, the undersigned issued a damages ruling, awarding petitioner $130,000.00 for her actual pain and suffering, $57,000.00 for her future pain and suffering, and $7,101.98 for her past unreimbursable medical expenses. Damages Ruling dated March 20, 2019 (ECF No. 59). That ruling is incorporated herein as if fully set forth. The undersigned ordered the parties to file a joint status report converting the award of future pain and suffering to its net present value and to report on all other outstanding items of damages that remain unresolved, if any. Id. On March 29, 2019, the parties filed a joint status report agreeing that the net present value of the award for petitioner's future pain and suffering is $41,212.94. (ECF No. 60).
Therefore, the undersigned awards a lump sum payment of $178,314.92 (representing $130,000.00 for actual pain and suffering, $41,212.94 for future pain and suffering (calculated to net present value) and $7,101.98 for past unreimbursable medical expenses) in the form of a check made payable to petitioner, Courtney P. Binette.
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
