Filed: Aug. 18, 2014
Latest Update: Aug. 18, 2014
Summary: DECISION AWARDING DAMAGES 1 LISA D. HAMILTON-FIELDMAN, Special Master. On May 27, 2014, Petitioner, Richard Berrish, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"). Petitioner alleged that the administration of an influenza vaccination administered on October 11, 2012, caused Petitioner to suffer a shoulder injury related to vaccine administration ("SIRVA"). 2 The parties agreed and submitted in a proffer, filed on Augus
Summary: DECISION AWARDING DAMAGES 1 LISA D. HAMILTON-FIELDMAN, Special Master. On May 27, 2014, Petitioner, Richard Berrish, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"). Petitioner alleged that the administration of an influenza vaccination administered on October 11, 2012, caused Petitioner to suffer a shoulder injury related to vaccine administration ("SIRVA"). 2 The parties agreed and submitted in a proffer, filed on August..
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DECISION AWARDING DAMAGES1
LISA D. HAMILTON-FIELDMAN, Special Master.
On May 27, 2014, Petitioner, Richard Berrish, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"). Petitioner alleged that the administration of an influenza vaccination administered on October 11, 2012, caused Petitioner to suffer a shoulder injury related to vaccine administration ("SIRVA").2
The parties agreed and submitted in a proffer, filed on August 18, 2014, that based on the evidence of record, Petitioner should be awarded $50,000.00. 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)(B); and 15(a)(4).
The undersigned finds said proffer reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The proffer awards:
A lump sum total of $50,000.00, in the form of a check payable to Petitioner, Richard Berrish. This amount represents all damages available under 42 U.S.C. §300aa-15(a) to which Petitioner would be entitled.
Proffer Section II, III.
The undersigned approves the requested amounts for Petitioner's compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On May 27, 2014, Richard Berrish ("petitioner") filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986 (the "Vaccine Act"), as amended. 42 U.S.C. §§ 300aa-1 et seq. Petitioner alleges that, as a result of receiving the influenza ("flu") vaccine on October 11, 2012, he suffered from a shoulder injury related to vaccine administration ("SIRVA") in his left shoulder and arm. Petitioner alleges a theory based on causation-in-fact.
On August 11, 2014, respondent filed her Vaccine Rule 4(c) report, conceding causation-in-fact for petitioner's SIRVA. On August 12, 2014, the Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA caused by the flu vaccine.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $50,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $50,000.00, in the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Dated: August 18, 2014 Torts Branch, Civil Division
