Filed: Jan. 12, 2015
Latest Update: Jan. 12, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL, Chief Special Master. On October 28, 2014, Amy Fogg 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"]. The petition alleges that Ms. Fogg suffered a left shoulder injury as a result of the administration of a tetanus, diphtheria, and pertussis ("Tdap") vaccination on February 12, 2014. (Petition at p. 1.) On January 12, 2015, I issued a rul
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL, Chief Special Master. On October 28, 2014, Amy Fogg 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"]. The petition alleges that Ms. Fogg suffered a left shoulder injury as a result of the administration of a tetanus, diphtheria, and pertussis ("Tdap") vaccination on February 12, 2014. (Petition at p. 1.) On January 12, 2015, I issued a ruli..
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DECISION AWARDING DAMAGES1
DENISE K. VOWELL, Chief Special Master.
On October 28, 2014, Amy Fogg 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"]. The petition alleges that Ms. Fogg suffered a left shoulder injury as a result of the administration of a tetanus, diphtheria, and pertussis ("Tdap") vaccination on February 12, 2014. (Petition at p. 1.)
On January 12, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation. (See Ruling on Entitlement (ECF No. 15).) Also on January 12, 2015, respondent filed a proffer on award of compensation ("Proffer") detailing compensation for all elements of compensation to which petitioner would be entitled under § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). According to respondent's Proffer, petitioner agrees to the proposed award of compensation. Pursuant to the terms stated in the attached Proffer, I award petitioner:
A lump sum payment of $120,000.00 in the form of a check payable to petitioner, Amy Fogg.
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
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 $120,000.00. 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 as lump sum payment of $120,000.00, in the form of a check payable to petitioner.1 Petitioner is a competent adult. Evidence of guardianship is not required in this case. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/ LARA A. ENGLUND
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: January 12, 2015
