Filed: Jul. 19, 2018
Latest Update: Jul. 19, 2018
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On August 8, 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 alleged that he suffered a shoulder injury related to vaccine administration ("SIRVA") after receiving an influenza vaccine on September 15, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the O
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On August 8, 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 alleged that he suffered a shoulder injury related to vaccine administration ("SIRVA") after receiving an influenza vaccine on September 15, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Of..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On August 8, 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 alleged that he suffered a shoulder injury related to vaccine administration ("SIRVA") after receiving an influenza vaccine on September 15, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 12, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for his SIRVA. On July 19, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $101,928.12, representing $100,000.00 for pain and suffering and $1,928.12 for past unreimbursable expenses. 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 petitioner a lump sum payment of $101,928.12, representing $100,000.00 for pain and suffering and $1,928.12 for past unreimbursable expenses, in the form of a check payable to petitioner, Michael Wallace. 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 OF DAMAGES
I. Items of Compensation
For purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report, filed on June 12, 2018, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner should be awarded $101,928.12, including $100,000.00 for pain and suffering, plus $1,928.12 for past unreimbursable medical expenses.1 The total sum of $101,928.12 represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for his vaccine-related injury. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation should be made through a lump sum payment of $101,928.12 in the form of a check payable to petitioner. Petitioner agrees.
