Filed: Oct. 22, 2015
Latest Update: Oct. 22, 2015
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 18, 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 she suffered a shoulder injury caused by her August 21, 2014 Tentanus-diphtheria-acellular pertussis ("Tdap") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Sp
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 18, 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 she suffered a shoulder injury caused by her August 21, 2014 Tentanus-diphtheria-acellular pertussis ("Tdap") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Spe..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On June 18, 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 she suffered a shoulder injury caused by her August 21, 2014 Tentanus-diphtheria-acellular pertussis ("Tdap") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 7, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ("SIRVA"). On October 22, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $113,832.20. Proffer at 1.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $113,832.20 in the form of a check payable to petitioner, Holly Swenson. 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
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On June 18, 2015, Holly Swenson ("petitioner") filed a petition for compensation ("Petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended. Petitioner alleges that as a result of receiving the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on August 21, 2014, she suffered a shoulder injury related to vaccine administration ("SIRVA") in her left shoulder that was caused-in-fact by her vaccination.
On October 7, 2015, respondent filed her Vaccine Rule 4(c) report, conceding causation-in-fact for petitioner's SIRVA. On October 7, 2015, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA caused by the Tdap vaccine.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $113,832.20, 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 $113,832.20, in the form of a check payable to petitioner.2 Petitioner agrees.
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
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: October 22, 2015 Fax: (202) 616-4310