Filed: Sep. 24, 2015
Latest Update: Sep. 24, 2015
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On March 27, 2015, Angela Waters filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 [the "Vaccine Act" or "Program"]. The petition alleges that as a result of an Influenza ("flu") vaccination on October 22, 2013, petitioner suffered a shoulder injury related to vaccine administration ("SIRVA"). The case was assigned to the Special Processing Unit
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On March 27, 2015, Angela Waters filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 [the "Vaccine Act" or "Program"]. The petition alleges that as a result of an Influenza ("flu") vaccination on October 22, 2013, petitioner suffered a shoulder injury related to vaccine administration ("SIRVA"). The case was assigned to the Special Processing Unit o..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On March 27, 2015, Angela Waters filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the "Vaccine Act" or "Program"]. The petition alleges that as a result of an Influenza ("flu") vaccination on October 22, 2013, petitioner suffered a shoulder injury related to vaccine administration ("SIRVA"). The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 4, 2015, a ruling on entitlement finding petitioner entitled to compensation was issued. On September 24, 2015, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded a payment of $95,230.17. Proffer at 2.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $95,230.17 in the form of a check payable to petitioner.
These amounts represent 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
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On March 27, 2015, petitioner, Angela Waters, filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10 to —34 ("Vaccine Act"), alleging that she suffered from a left shoulder injury as a result of receiving an influenza vaccination in her left arm on October 22, 2013. On June 3, 2015, respondent filed her Rule 4(c) Report stating that petitioner's left arm injury is consistent with a shoulder injury related to vaccine administration ("SIRVA"). Respondent conceded that petitioner's SIRVA is compensable under the Vaccine Act. Accordingly, on June 4, 2015, Special Master Vowell issued a Ruling on Entitlement finding that petitioner is entitled to compensation for SIRVA. For the purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report filed on June 3, 2015.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $95,230.17, which represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $95,230.17 in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
s/ Justine Walters
JUSTINE WALTERS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
