Filed: Sep. 14, 2018
Latest Update: Sep. 14, 2018
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On July 28, 2017, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA") causally related to an adverse reaction to the seasonal influenza vaccination he received on August 11, 2016. Petition at 1, 8-9. The case was assi
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On July 28, 2017, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA") causally related to an adverse reaction to the seasonal influenza vaccination he received on August 11, 2016. Petition at 1, 8-9. The case was assig..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On July 28, 2017, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA") causally related to an adverse reaction to the seasonal influenza vaccination he received on August 11, 2016. Petition at ¶¶ 1, 8-9. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 14, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for his SIRVA. On September 13, 2018, respondent filed a combined Rule 4(c) Report and Proffer on award of compensation ("Rule 4/Proffer") indicating petitioner should be awarded $3,596.31 for unreimbursable medical expenses and $107,500.00 for actual and projected pain and suffering. Rule 4/Proffer at 1. 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 Rule 4/Proffer, the undersigned awards petitioner a lump sum payment of $111,096.31, representing $107,500.00 for actual and projected pain and suffering and $3,596.31 for unreimbursable expenses in the form of a check payable to petitioner, Albert Parsons. 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.
