Filed: Jan. 22, 2014
Latest Update: Jan. 22, 2014
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 CHRISTIAN J. MORAN, Special Master. On March 29, 2013, Matthew Gorski filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-1 et seq., alleging that the influenza ("flu") vaccine that he received on October 22, 2010, caused him to suffer a radial nerve injury. On October 28, 2013, the undersigned found that Mr. Gorski is entitled to compensation under the Vaccine Act. See Decision, issued Oct
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 CHRISTIAN J. MORAN, Special Master. On March 29, 2013, Matthew Gorski filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-1 et seq., alleging that the influenza ("flu") vaccine that he received on October 22, 2010, caused him to suffer a radial nerve injury. On October 28, 2013, the undersigned found that Mr. Gorski is entitled to compensation under the Vaccine Act. See Decision, issued Oct...
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UNPUBLISHED DECISION AWARDING DAMAGES1
CHRISTIAN J. MORAN, Special Master.
On March 29, 2013, Matthew Gorski filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that the influenza ("flu") vaccine that he received on October 22, 2010, caused him to suffer a radial nerve injury. On October 28, 2013, the undersigned found that Mr. Gorski is entitled to compensation under the Vaccine Act. See Decision, issued Oct. 28, 2013.
On January 3, 2014, respondent filed a Proffer on Award of Compensation, which petitioner agrees to. Based upon the record as a whole, the special master finds the proffer reasonable and that petitioner is entitled to an award as stated in the proffer, attached hereto as "Appendix A." The court awards petitioner:
A lump sum payment of $100,000.00 in the form of a check payable to petitioner, Matthew Gorski. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-l 5(a).
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.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-6353.
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $100,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $100,000.00 in the form of a check payable to petitioner. Petitioner agrees.
DATED: January 3, 2014 Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
