Filed: Jun. 27, 2014
Latest Update: Jun. 27, 2014
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY, Special Master. On December 19, 2013, Raithe Pace ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program 2 alleging that she suffered from a left shoulder injury that had been caused-in-fact by an influenza ("flu") vaccine administered to her on September 24, 2011. Petition at 1. On June 3, 2014, a Ruling on Entitlement was issued based on respondent's concession. On June 25, 2014, respondent fil
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY, Special Master. On December 19, 2013, Raithe Pace ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program 2 alleging that she suffered from a left shoulder injury that had been caused-in-fact by an influenza ("flu") vaccine administered to her on September 24, 2011. Petition at 1. On June 3, 2014, a Ruling on Entitlement was issued based on respondent's concession. On June 25, 2014, respondent file..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Special Master.
On December 19, 2013, Raithe Pace ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program2 alleging that she suffered from a left shoulder injury that had been caused-in-fact by an influenza ("flu") vaccine administered to her on September 24, 2011. Petition at 1. On June 3, 2014, a Ruling on Entitlement was issued based on respondent's concession.
On June 25, 2014, respondent filed a Proffer on Award of Compensation. Respondent proffers that, based upon her review of the evidence of record, petitioner should be awarded $95,000.00. Respondent states that petitioner agrees with the amount set forth in the Proffer.
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 $95,000.00, in the form of a check payable to petitioner, Raithe Pace. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Proffer ¶ II.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded $95,000.00. 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)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the special master's decision and the Court's judgment award the following:1
A. A lump sum payment of $95,000.00 in the form of a check payable to petitioner, Raithe Pace. This amount accounts 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,
STUART F. DELERY
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
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 353-1589
DATE: June 25, 2014
