Filed: Jun. 05, 2014
Latest Update: Jun. 05, 2014
Summary: PUBLISHED DECISION AWARDING DAMAGES 1 LISA HAMILTON-FIELDMAN, Special Master. On April 14, 2014, Emily Thompson (Petitioner) filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-1 et seq., alleging that an administered influenza vaccination caused Petitioner to develop a shoulder injury related to vaccine administration (SIRVA). On May 28, 2014, Respondent filed a Rule 4 report that contained a determination that compensation was app
Summary: PUBLISHED DECISION AWARDING DAMAGES 1 LISA HAMILTON-FIELDMAN, Special Master. On April 14, 2014, Emily Thompson (Petitioner) filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-1 et seq., alleging that an administered influenza vaccination caused Petitioner to develop a shoulder injury related to vaccine administration (SIRVA). On May 28, 2014, Respondent filed a Rule 4 report that contained a determination that compensation was appr..
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PUBLISHED DECISION AWARDING DAMAGES1
LISA HAMILTON-FIELDMAN, Special Master.
On April 14, 2014, Emily Thompson (Petitioner) filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that an administered influenza vaccination caused Petitioner to develop a shoulder injury related to vaccine administration (SIRVA). On May 28, 2014, Respondent filed a Rule 4 report that contained a determination that compensation was appropriate in this case. On the same date, the undersigned issued a ruling regarding damages.
On June 5, 2014, Respondent filed a Proffer on Award of Compensation, to which Petitioner agrees. 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 therein. Pursuant to the attached proffer, the court awards Petitioner:
A. A lump sum payment of $35,000.00 in the form of a check payable to Petitioner, Emily Thompson. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which Petitioner would be entitled.
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, Camille Collett at (202) 357-6361.
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 $35,000.00. 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). 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 $35,000.00 in the form of a check payable to petitioner, Emily Thompson. 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.
