Filed: Mar. 23, 2015
Latest Update: Mar. 23, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On September 26, 2014, Janette Cole 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 shoulder injuries which were caused in fact" by the Tetanus diphtheria acellular pertussis ["Tdap"] vaccination she received on December 27, 2013. Petition at 1. The case was assigned to the
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On September 26, 2014, Janette Cole 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 shoulder injuries which were caused in fact" by the Tetanus diphtheria acellular pertussis ["Tdap"] vaccination she received on December 27, 2013. Petition at 1. The case was assigned to the S..
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DECISION AWARDING DAMAGES1
DENISE K. VOWELL, Chief Special Master.
On September 26, 2014, Janette Cole 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 shoulder injuries which were caused in fact" by the Tetanus diphtheria acellular pertussis ["Tdap"] vaccination she received on December 27, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 11, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for her shoulder injury related to vaccine administration ["SIRVA"]. On March 23, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $75,000.00 "which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)." Proffer at 1. Respondent also avers that petitioner is a competent adult, proof of guardianship is not required, and petitioner agrees to this proposed amount. Id.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $75,000.00 in the form of a check payable to petitioner, Janette Cole. 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
RESPONDENT'S PROFFER OF DAMAGES
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $75,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees with this amount.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $75,000.00 in the form of a check payable to petitioner. Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-7678
Dated: March 23, 2015
