Filed: Mar. 12, 2015
Latest Update: Mar. 12, 2015
Summary: DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Special Master . On April 14, 2014, Ruby J. Williams filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 On July 14, 2014, Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration, and that Petitioner had met the statutory six month injury requirement. On July 15, 2014, I entered a decision finding that P
Summary: DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Special Master . On April 14, 2014, Ruby J. Williams filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 On July 14, 2014, Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration, and that Petitioner had met the statutory six month injury requirement. On July 15, 2014, I entered a decision finding that Pe..
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DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Special Master.
On April 14, 2014, Ruby J. Williams filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 On July 14, 2014, Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration, and that Petitioner had met the statutory six month injury requirement. On July 15, 2014, I entered a decision finding that Petitioner had established that she was entitled to compensation for her injury.
On March 10, 2015, Respondent filed a proffer awarding compensation to Petitioner. I have reviewed the file, and based upon that review I conclude that Respondent's proffer is reasonable. I therefore adopt it as the decision of the Court in awarding damages on the terms set forth therein.
The proffer proposes the following award to Petitioner:
A lump sum of $95,417.00 in the form of a check payable to Petitioner, Ruby J. Williams. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which Petitioner will be entitled;
Proffer § II.
I approve a Vaccine Program award in the amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded $95,417.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the special master's decision and the Court's judgment award the following:1
A. A lump sum payment of $95,417.00 in the form of a check payable to petitioner, Ruby J. Williams. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 353-1589
DATE: March 10, 2014
