Filed: Dec. 16, 2014
Latest Update: Dec. 16, 2014
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY, Special Master. On December 11, 2013, Michelle Wilton ("petitioner"), on behalf of T.W., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 On July 11, 2014, the undersigned issued a decision that awarded compensation based on a proffer filed by the parties. Judgment entered on July 15, 2014. On December 10, 2014, the parties filed a Motion for Relief from Judgment ["Motion for Relief'] due to a
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY, Special Master. On December 11, 2013, Michelle Wilton ("petitioner"), on behalf of T.W., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 On July 11, 2014, the undersigned issued a decision that awarded compensation based on a proffer filed by the parties. Judgment entered on July 15, 2014. On December 10, 2014, the parties filed a Motion for Relief from Judgment ["Motion for Relief'] due to a r..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Special Master.
On December 11, 2013, Michelle Wilton ("petitioner"), on behalf of T.W., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program.2 On July 11, 2014, the undersigned issued a decision that awarded compensation based on a proffer filed by the parties. Judgment entered on July 15, 2014. On December 10, 2014, the parties filed a Motion for Relief from Judgment ["Motion for Relief'] due to a requirement from the state court that was appointing Ms. Wilton (petitioner in this Vaccine Act claim) to be the guardian of the child, T.W.'s, estate, that the funds belonging or due to the minor are to be paid to both the guardian and to the depository. On December 15, 2014, the parties' Motion for Relief was granted, the July 11, 2014 decision was withdrawn, and the prior judgment was vacated.
Petitioner alleges that T.W. suffered from necrosis in his left arm as a result of his receipt of a Hepatitis A vaccination on January 21, 2011. On April 30, 2014, a Ruling on Entitlement was issued based on respondent's concession.
On July 10, 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 $5,021.75 in addition to an amount sufficient to purchase an annuity contract as described in Proffer Section I.C. Petitioner agrees with the amounts set forth in the Proffer. See Notice, filed July 10, 2014.
Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer, including the modification requested in the Motion for Relief. Pursuant to the terms stated in the attached Proffer, the undersigned awards the following:
• A lump sum payment of $1,021.75, in the form of a check payable to petitioner;
• A lump sum payment of $4,000.00, in the form of a check payable to petitioner as guardian/conservator of T.W.'s estate, and Chase Bank, as depository.3 The check shall bear a restricted endorsement on the face or reverse side of the check, and
• An amount sufficient to purchase the annuity contract described in the Proffer's Section I.C.
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.4
IT IS SO ORDERED.
