Filed: Jan. 06, 2016
Latest Update: Jan. 06, 2016
Summary: RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 25, 2015, 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" or "Program"]. Petitioner alleges that he "suffered from a shoulder injury related to vaccine administration (SIRVA) adverse reaction" resulting from the seasonal trivalent influenza vaccine he received on October 11, 2
Summary: RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 25, 2015, 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" or "Program"]. Petitioner alleges that he "suffered from a shoulder injury related to vaccine administration (SIRVA) adverse reaction" resulting from the seasonal trivalent influenza vaccine he received on October 11, 20..
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RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On September 25, 2015, 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" or "Program"]. Petitioner alleges that he "suffered from a shoulder injury related to vaccine administration (SIRVA) adverse reaction" resulting from the seasonal trivalent influenza vaccine he received on October 11, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 4, 2016, respondent filed a Rule 4(c) Report and Proffer on Damages in which she concedes that petitioner is entitled to compensation in this case. Respondent's Rule 4(c) Report and Proffer on Damages at 1 (ECF No. 12). Specifically, respondent "agrees that petitioner's SIRVA was caused-in-fact by the flu vaccination he received on October 11, 2012." Id. at 3. Respondent further agrees "[n]o other causes for petitioner's SIRVA were identified, . . . the statutory six month sequela requirement has been satisfied, . . . [and] petitioner has satisfied all legal prerequisites for compensation under the Act." Id. (citations omitted).
Additionally, "[r]espondent proffers that, based on the evidence of record, petitioner should be awarded $69,506.00" in compensation. Respondent's Rule 4(c) Report and Proffer on Damages at 3. Respondent represents that petitioner agrees with the proffered award. Id.
In view of respondent's concession and the evidence before me, the undersigned finds that petitioner is entitled to compensation. Further, based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in Respondent's Rule 4(c) Report and Proffer on Damages.
Pursuant to the terms stated in Respondent's Rule 4(c) Report and Proffer on Damages, the undersigned awards petitioner a lump sum payment of $69,506.00 in the form of a check payable to petitioner, David J. Larson.3 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.4
IT IS SO ORDERED.
