UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On September 18, 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 a shoulder injury related to vaccine administration ("SIRVA") after receiving a tetanus/diphtheria vaccine on November 1, 2016. Petition at 1, ¶¶ 1, 11. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 10, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. On October 4, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $173,443.45, representing $107,500.00 for pain and suffering, $1,240.65 for unreimbursable out-of-pocket expenses, and $64,702.80 for lost wages. 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 $173,443.45, representing $107,500.00 for pain and suffering, $1,240.65 for unreimbursable expenses, and $64,702.80 for lost wages in the form of a check payable to petitioner, Barbara M. McDaniels. 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 August 9, 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 August 10, 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 $173,443.45. This is comprised of pain and suffering ($107,500.00), unreimbursable out of pocket expenses ($1,240.65), and lost wages ($64,702.80), 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 that the compensation provided to petitioner should be made through a lump sum payment of $173,443.45 in the form of a check payable to petitioner.2 Petitioner agrees.