Filed: Apr. 16, 2019
Latest Update: Apr. 16, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On July 24, 2017, Patricia Pendergrass ("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 from a shoulder injury related to vaccine administration ("SIRVA") as a result of receiving an influenza vaccine in her left shoulder on November 9, 2016. Petition at 1. The
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On July 24, 2017, Patricia Pendergrass ("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 from a shoulder injury related to vaccine administration ("SIRVA") as a result of receiving an influenza vaccine in her left shoulder on November 9, 2016. Petition at 1. The ..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On July 24, 2017, Patricia Pendergrass ("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 from a shoulder injury related to vaccine administration ("SIRVA") as a result of receiving an influenza vaccine in her left shoulder on November 9, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 16, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On April 16, 2019, respondent filed a Rule 4(c) Report and Proffer on award of compensation ("Rule 4/Proffer") indicating petitioner should be awarded a total of $116,622.27, representing $4,760.82 in past unreimbursable medical expenses, $95,000.00 for petitioner's actual and projected pain and suffering, and $16,861.45 for petitioner's lost earnings. Rule 4/Proffer at 3-4. In the Rule 4/Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Rule 4/Proffer.
Pursuant to the terms stated in the attached Rule 4/Proffer, the undersigned awards petitioner a lump sum payment of $116,622.27 (representing $4,760.82 in past unreimbursable medical expenses, $95,000.00 for petitioner's actual and projected pain and suffering, and $16,861.45 for petitioner's lost earnings) in the form of a check payable to petitioner, Patricia Pendergrass. 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.
