Filed: Mar. 28, 2019
Latest Update: Mar. 28, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On January 17, 2018, 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") as a result of an influenza vaccine that was administered on October 31, 2016. Petition at 1-4. The case was assigned to the Special
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On January 17, 2018, 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") as a result of an influenza vaccine that was administered on October 31, 2016. Petition at 1-4. The case was assigned to the Special P..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On January 17, 2018, 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") as a result of an influenza vaccine that was administered on October 31, 2016. Petition at 1-4. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 29, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for his SIRVA. On March 27, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $130,377.76 (representing $130,000.00 for pain and suffering and $377.76 for unreimbursable out of pocket expenses). Proffer at 1. In the 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 Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $130,377.76 (representing $130,000.00 for pain and suffering and $377.76 for unreimbursable out of pocket expenses) in the form of a check payable to petitioner, Robert Cramer. 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.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On November 29, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is entitled to vaccine compensation for his Shoulder Injury Related to Vaccine Administration ("SIRVA") injury. The Chief Special Master's Ruling on Entitlement, adopting respondent's recommendation, was issued the same day, on November 29, 2018.
Based upon the evidence of record, respondent proffers that petitioner should be awarded $130,377.76. This is comprised of pain and suffering ($130,000.00) and unreimbursable out of pocket expenses ($377.76), and 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
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $130,377.76 in the form of a check payable to petitioner.2 Petitioner agrees.
