Filed: Mar. 27, 2014
Latest Update: Mar. 27, 2014
Summary: DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN, Special Master. On March 12, 2013, Petitioner Linda Driver filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 On June 10, 2013, Respondent filed a Rule 4(c) report conceding that Petitioner suffered a Table Injury of Brachial Neuritis due to her receipt of a tetanus-diptheria-acellular pertussis vaccine. On June 12, 2013, the special master previously assigned to this case entered a decision finding
Summary: DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN, Special Master. On March 12, 2013, Petitioner Linda Driver filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 On June 10, 2013, Respondent filed a Rule 4(c) report conceding that Petitioner suffered a Table Injury of Brachial Neuritis due to her receipt of a tetanus-diptheria-acellular pertussis vaccine. On June 12, 2013, the special master previously assigned to this case entered a decision finding t..
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DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Special Master.
On March 12, 2013, Petitioner Linda Driver filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 On June 10, 2013, Respondent filed a Rule 4(c) report conceding that Petitioner suffered a Table Injury of Brachial Neuritis due to her receipt of a tetanus-diptheria-acellular pertussis vaccine. On June 12, 2013, the special master previously assigned to this case entered a decision finding that Petitioner had established that she was entitled to compensation for her injury. On February 28, 2014, Respondent filed a proffer awarding compensation to Petitioner.
I have reviewed the file, and based upon that review I conclude that Respondent's proffer is reasonable. I therefore adopt it as the decision of the Court in awarding damages on the terms set forth therein.
The proffer awards Petitioner:
A lump sum of $150,820.77, representing compensation for, lost earnings ($48,691.76), pain and suffering ($100,000.00), and past unreimbursable expenses ($2,129.01), in the form of a check payable to petitioner, Linda Driver;
Proffer § 2.
I approve a Vaccine Program award in the amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A Lost Past Earnings
The parties agree that based upon the evidence of record, Linda Driver has suffered past lost earnings. Therefore, respondent proffers that Linda Driver should be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for Linda Driver's lost earnings is $48,691.76. Petitioner agrees.
B. Pain and Suffering
Respondent proffers that Linda Driver should be awarded $100,000.00 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.
C. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Linda Driver'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 $2,129.01. Petitioner agrees.
D. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens against her.
II. Form of the Award
The parties recommend that the compensation provided to Linda Driver should be made by a lump sum payment as described below, and request that the special master's decision and the Court's judgment award the following:
A lump sum payment of $150,820.77, representing compensation for, lost earnings ($48,691.76), pain and suffering ($100,000.00), and past unreimbursable expenses ($2,129.01), in the form of a check payable to petitioner, Linda Driver.1
III. Summary of Recommended Payment Following Judgment
A. Lump Sum paid to petitioner, Linda Driver: $150,820.77
Respectfully submitted,
STUART F. DELERY
Assistant 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/ALEXIS B. BABCOCK
ALEXIS B. BABCOCK
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-7678
Dated: February 28, 2014
