UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On March 3, 2017, Jackie Crook ("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 a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine she received to her left arm on March 15, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On November 27, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation. On March 12, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $80,000.00 for actual and projected pain and suffering and $810.90 for past unreimbursable expenses for a total of $80,810.90. 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 $80,810.90, representing ($80,000 for actual and projected pain and suffering and $810.90 for past unreimbursable expenses) in the form of a check payable to petitioner, Jackie Crook. 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 March 3, 2017, Jackie Crook ("petitioner") filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act"), alleging that she suffered a left shoulder injury that was "caused in fact" by an influenza ("flu") vaccine administered on March 15, 2016. Petition at ¶¶ 1. On November 27, 2017, the Secretary of Health and Human Services ("respondent") filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation the same day. ECF No. 18; ECF No. 19.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that Jackie Crook should be awarded $80,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Jackie Crook's expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $810.90, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.

II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to Jackie Crook should be made through a lump sum payment as described below and requests that the Chief Special Master's decision and the Court's judgment award the following1: a lump sum payment of $80,810.90, representing compensation for pain and suffering ($80,000.00), and past unreimbursable expenses ($810.90), in the form of a check payable to petitioner, Jackie Crook.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Jackie Crook: $80,810.90