Filed: Jun. 05, 2019
Latest Update: Jun. 05, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 13, 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 she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA"), resulting from the tetanus-diphtheria-acellular pertussis ("Tdap") vaccination she received on January 6, 2017. Petiti
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 13, 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 she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA"), resulting from the tetanus-diphtheria-acellular pertussis ("Tdap") vaccination she received on January 6, 2017. Petitio..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On December 13, 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 she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA"), resulting from the tetanus-diphtheria-acellular pertussis ("Tdap") vaccination she received on January 6, 2017. 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 4, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be "awarded $117,251.32. This is comprised of pain and suffering ($80,000.00), unreimbursable out of pocket expenses incurred personally by petitioner ($901.56), out of pocket medical expenses owed to South Peninsula Hospital, Inc. ($26,359.82), and past lost wages ($9,989.94)." 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 the following:
• a lump sum payment of $90,891.50 (comprised of pain and suffering ($80,000.00), unreimbursable out of pocket expenses incurred personally by petitioner ($901.56), and past lost wages ($9,989.94)) in the form of a check payable to petitioner, Melody Chesley.
• a lump sum of $26,359.82, representing the balance due on petitioner's past incurred medical expenses, in the form of a check payable jointly to petitioner and South Peninsula Hospital Inc. Petitioner agrees to endorse this payment to South Peninsula Hospital.
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 1, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration ("SIRVA") injury. On November 2, 2018, the Chief Special Master issued a Ruling on Entitlement adopting respondent's recommendation.
Based upon the evidence of record, respondent proffers that petitioner should be awarded $117,251.32. This is comprised of pain and suffering ($80,000.00), unreimbursable out of pocket expenses incurred personally by petitioner ($901.56), out of pocket medical expenses owed to South Peninsula Hospital, Inc. ($26,359.82), and past lost wages ($9,989.94), 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, and petitioner agrees, that the compensation provided to petitioner should be made through the following:
• a lump sum payment of $90,891.50 in the form of a check payable to petitioner2 and
• a lump sum of $26,359.82, representing the balance due on petitioner's past incurred medical expenses, in the form of a check payable jointly to petitioner and South Peninsula Hospital Inc. Petitioner agrees to endorse this payment to South Peninsula Hospital.
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/Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: June 4, 2019
