Filed: Sep. 05, 2019
Latest Update: Sep. 05, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On March 7, 2018, 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 she developed a shoulder injury related to vaccine administration ("SIRVA") resulting from an influenza vaccine she received on September 28, 2016. Petition at 1. The case was assigned to the Special Processing
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On March 7, 2018, 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 she developed a shoulder injury related to vaccine administration ("SIRVA") resulting from an influenza vaccine she received on September 28, 2016. Petition at 1. The case was assigned to the Special Processing U..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On March 7, 2018, 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 she developed a shoulder injury related to vaccine administration ("SIRVA") resulting from an influenza vaccine she received on September 28, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 19, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. On September 4, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $56,783.48 (including $54,000.00 for pain and suffering, $2,729.63 in out-of-pocket expenses, and $53.85 in medical mileage). Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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 $56,783.48 (including $54,000.00 for pain and suffering, $2,729.63 in out-of-pocket expenses, and $53.85 in medical mileage in the form of a check payable to petitioner, Desirea Tyler. This amount represents compensation for all damages that would be available under § 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
On April 12, 2019, respondent filed her Rule 4(c) Report, in which she conceded entitlement. On April 19, 2019, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation for her left Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of an influenza vaccination. Based on the evidence in the record, respondent proffers that petitioner receive an award of a lump sum of $56,783.48 (including $54,000.00 for pain and suffering, $2,729.63 in out-of-pocket expenses, and $53.85 in medical mileage) in the form of a check payable to petitioner. This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Camille M. Collett
CAMILLE M. COLLETT
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) 616-4098
Dated: September 4, 2019.
