Filed: Sep. 27, 2018
Latest Update: Sep. 27, 2018
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On October 6, 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 she suffered from right shoulder injuries as a result of receiving an influenza ("flu") vaccine on October 9, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On October 6, 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 she suffered from right shoulder injuries as a result of receiving an influenza ("flu") vaccine on October 9, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On S..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On October 6, 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 she suffered from right shoulder injuries as a result of receiving an influenza ("flu") vaccine on October 9, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 25, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On September 26, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $85,000.00, representing compensation for actual pain and suffering. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. 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 $85,000.00, representing compensation for actual pain and suffering, in the form of a check payable to petitioner, Leslee Moran. This amount represents compensation for all damages that would be available under § 300aa-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 October 6, 2017, petitioner, Leslee Moran, filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act"), alleging that she developed right shoulder injuries as a result of receiving an influenza ("flu") vaccine on October 9, 2014. On September 19, 2018, respondent filed a Rule 4(c) Report indicating that petitioner is entitled to compensation for a shoulder injury related to vaccine administration ("SIRVA"). For the purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report. On September 25, 2018, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner is entitled to compensation for SIRVA.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $85,000.00 in actual pain and suffering. The evidence does not support that petitioner is entitled to projected pain and suffering. Petitioner agrees.
B. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens against her.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $85,000.00 in the form of a check payable to petitioner.1 This represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
