Filed: Nov. 09, 2015
Latest Update: Nov. 09, 2015
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On February 27, 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 syncope and post-concussion syndrome following the administration of an influenza vaccine on December 28, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office o
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On February 27, 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 syncope and post-concussion syndrome following the administration of an influenza vaccine on December 28, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On February 27, 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 syncope and post-concussion syndrome following the administration of an influenza vaccine on December 28, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 29, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for syncope and post-concussion syndrome. On November 6, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $50,000.00. 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 $50,000.00 in the form of a check payable to petitioner, Jered R. Anderson. 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. Items of Compensation
For purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report, filed on July 29, 2015, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner should be awarded $50,000.00. This represents all elements of competition to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for his vaccine-related injury.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through lump sum payments described below, and request that the Chief Special Master's decision and the Court's judgment award the following:
A lump sum of $50,000.00 in the form of a check payable to petitioner, Jered R. Anderson.
These amounts account 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.
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
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
/s/DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Fax: (202) 353-2988
