Filed: Feb. 01, 2019
Latest Update: Feb. 01, 2019
Summary: Not to be Published DECISION AWARDING DAMAGES 1 KATHERINE E. OLER , Special Master . On November 22, 2016, Petitioner Janice Sloan filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that she developed reflex sympathetic dystrophy ("RSD"; also known as complex regional pain syndrome, "CRPS") as a result of receiving the pneumococcal 13-valent conjugate vaccine ("Prevnar 13") on August 27, 2015. 3 Petition, ECF No. 1. On Au
Summary: Not to be Published DECISION AWARDING DAMAGES 1 KATHERINE E. OLER , Special Master . On November 22, 2016, Petitioner Janice Sloan filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that she developed reflex sympathetic dystrophy ("RSD"; also known as complex regional pain syndrome, "CRPS") as a result of receiving the pneumococcal 13-valent conjugate vaccine ("Prevnar 13") on August 27, 2015. 3 Petition, ECF No. 1. On Aug..
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Not to be Published
DECISION AWARDING DAMAGES1
KATHERINE E. OLER, Special Master.
On November 22, 2016, Petitioner Janice Sloan filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed reflex sympathetic dystrophy ("RSD"; also known as complex regional pain syndrome, "CRPS") as a result of receiving the pneumococcal 13-valent conjugate vaccine ("Prevnar 13") on August 27, 2015.3 Petition, ECF No. 1.
On August 28, 2017, Respondent filed a Rule 4(c) Report ("Respondent's Report") in which he concedes that Petitioner is entitled to compensation for her claim of CRPS. Respondent's Report, ECF No. 25. Specifically, Respondent agrees with Petitioner's claim that "[P]etitioner's CRPS, more likely than not, was caused-in-fact by the administration of the pneumonia vaccine on August 27, 2015, and that there is no other cause for [P]etitioner's CRPS identified in her records. Id. at 5. Based on a review of the medical records, Respondent states that Petitioner has met the applicable statutory requirements by suffering from CRPS for more than six months and, thus, Petitioner has satisfied all legal prerequisites for compensation under the Act. Id.
In light of Respondent's concession, Special Master Corcoran issued a Ruling on Entitlement on September 20, 2017. ECF No. 28. On April 20, 2018, I subsequently ordered the parties to inform the Court on their progress towards resolving damages. See Non-PDF Order for 4/20/2018.
Respondent filed a proffer on December 21, 2018 (ECF No. 43), agreeing to issue the following payments:
1) $170,000.00, which represents compensation for past and future pain and suffering; and
2) $531.00, which represents compensation for past unreimbursed out-of-pocket medical expenses.
These amounts represent all elements of compensation for all damages that would be available under § 300aa-15(a).
I adopt the parties' proffer attached hereto, and award compensation in the amount and on the terms set forth therein. I, therefore, award compensation in the amount of a lump sum payment of $170,531.00, in the form of a check payable to Petitioner, Janice Sloan. The clerk of court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
The Court issued a Ruling on Entitlement on September 20, 2017. Based upon the evidence of record, respondent proffers that petitioner should be awarded the following amounts:
A. $170,000.00, which represents compensation for past and future pain and suffering;
B. $531.00, which represents compensation for past unreimbursed out-of-pocket medical expenses; and
These amount 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
Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that petitioner be awarded a lump sum payment of $170,531.00 in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181