Filed: Jul. 20, 2018
Latest Update: Jul. 20, 2018
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 12, 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 that his receipt of an influenza ("flu") vaccine on September 20, 2016, caused him to suffer a right-sided shoulder injury related to vaccine administration ("SIRVA"). Petition at 1. The case was assigned to the
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 12, 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 that his receipt of an influenza ("flu") vaccine on September 20, 2016, caused him to suffer a right-sided shoulder injury related to vaccine administration ("SIRVA"). Petition at 1. The case was assigned to the ..
More
UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On June 12, 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 that his receipt of an influenza ("flu") vaccine on September 20, 2016, caused him to suffer a right-sided shoulder injury related to vaccine administration ("SIRVA"). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 22, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for his SIRVA. On July 19, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $65,780.00 (constituting $64,000.00 for pain and suffering and $1,780 for past unreimbursed expenses). 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 $ 65,780.00 (representing $64,000.00 for pain and suffering and $1,780 for past unreimbursed expenses) in the form of a check payable to petitioner, Carlos Orduz. 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
I. Compensation for Vaccine Injury-Related Items
On February 22, 2018, the Chief Special Master issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration ("SIRVA"). Respondent proffers that based on the evidence of record, petitioner should be awarded $65,780.00 (constituting $64,000.00 in pain and suffering, and $1,780.00 in past unreimbursed expenses). 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 through a lump sum payment as described below, and request that the Chief Special Master's decision and the Court's judgment award the following:1
A lump sum payment of $65,780.00, in the form of a check payable to petitioner, Carlos Orduz. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
