Filed: Jul. 08, 2015
Latest Update: Jul. 08, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On September 18, 2014, Carmel McDowell 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"]. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ["SIRVA"] as a result of an influenza ["flu"] vaccination on October 1, 2013. Petition at 1. The case was assigned to the Special Proces
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On September 18, 2014, Carmel McDowell 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"]. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ["SIRVA"] as a result of an influenza ["flu"] vaccination on October 1, 2013. Petition at 1. The case was assigned to the Special Process..
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DECISION AWARDING DAMAGES1
DENISE K. VOWELL, Chief Special Master.
On September 18, 2014, Carmel McDowell 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"]. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ["SIRVA"] as a result of an influenza ["flu"] vaccination on October 1, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 22, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ["SIRVA"]. On June 11, 2015, respondent filed a proffer on award of compensation ["Proffer"] detailing compensation in the amount of $128,500.00. Proffer at 1.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $128,500.00 in the form of a check payable to petitioner, Carmel McDowell. 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
PROFFER ON AWARD OF COMPENSATION1
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $128,500.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $128,500.00, in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
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
Date: June 11, 2015