UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On October 3, 2017, Audrea Dale ("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 left shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine she received on November 17, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 2, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On June 17, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $102,297.72 (representing $97,500.00 for pain and suffering, $1,608.93 in lost wages, and $3,188.79 in 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 $102,297.72, (representing $97,500.00 for pain and suffering, $1,608.93 in lost wages, and $3,188.79 in out-of-pocket expenses). in the form of a check payable to petitioner, Audrea Dale. 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

On November 2, 2018, respondent filed her Rule 4(c) Report, in which she conceded entitlement. On November 2, 2018, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation for her left shoulder injury. Based on the evidence in the record, respondent proffers that petitioner receive an award of a lump sum of $102,297.72 (including $97,500.00 for pain and suffering, $1,608.93 in lost wages, and $3,188.79 in out-of-pocket expenses) in the form of a check payable to petitioner. This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1 Petitioner agrees. This proffer does not address final attorneys' fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys' fees and litigation costs, to be determined at a later date upon petitioner submitting substantiating documentation.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.