Filed: Jul. 30, 2015
Latest Update: Jul. 30, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On March 25, 2015, Robert VanOsdol 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 he suffered brachial neuritis following administration of a Tetanus, diphtheria and acellular pertussis (Tdap) vaccine on April 13, 2012. Petition at 1. The case was assigned to the Special Processing Uni
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On March 25, 2015, Robert VanOsdol 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 he suffered brachial neuritis following administration of a Tetanus, diphtheria and acellular pertussis (Tdap) vaccine on April 13, 2012. Petition at 1. The case was assigned to the Special Processing Unit..
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DECISION AWARDING DAMAGES1
DENISE K. VOWELL, Chief Special Master.
On March 25, 2015, Robert VanOsdol 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 he suffered brachial neuritis following administration of a Tetanus, diphtheria and acellular pertussis (Tdap) vaccine on April 13, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 22, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for brachial neuritis. On July 30, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $75,000.00. Proffer at 1.
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, Robert VanOsdol. 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 ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded $75,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as a lump sum payment of $75,000.00, in the form of a check payable to petitioner.1 Petitioner is a competent adult. Evidence of guardianship is not required in this case. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
LARA A. ENGLUND
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) 307-3013
Dated: July 30, 2015