Filed: Feb. 13, 2015
Latest Update: Feb. 13, 2015
Summary: DECISION AWARDI NG DAMAGES 1 LAURA D. MILLMAN , Special Master . On September 25, 2013, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2006), alleging that she suffered an injection-related shoulder injury as a result of the influenza ("flu") vaccination she received on October 6, 2010. On February 10, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury related to vaccine administrati
Summary: DECISION AWARDI NG DAMAGES 1 LAURA D. MILLMAN , Special Master . On September 25, 2013, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2006), alleging that she suffered an injection-related shoulder injury as a result of the influenza ("flu") vaccination she received on October 6, 2010. On February 10, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury related to vaccine administratio..
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DECISION AWARDI NG DAMAGES1
LAURA D. MILLMAN, Special Master.
On September 25, 2013, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §§300aa-10-34 (2006), alleging that she suffered an injection-related shoulder injury as a result of the influenza ("flu") vaccination she received on October 6, 2010. On February 10, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a shoulder injury related to vaccine administration ("SIRVA") and recommending compensation.
On February 13, 2015, respondent filed Respondent's Proffer on Award of Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to the terms stated in the attached proffer, the court awards a lump sum payment of $170,000.00, representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $170,000.00 made payable to petitioner, Bena Tomlinson.
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.2
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
For purposes of this Proffer, the term "vaccine-related" is described in Respondent's Rule 4(c) Report, filed on February 10, 2014, conceding entitlement in this case. Respondent proffers that, based on the evidence of record, petitioner should be awarded $170,000.00. 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 $170,000.00 in the form of a check payable to petitioner, Bena Tomlinson. 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,
JOYCE R. BRANDA
Acting 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
s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Fax: (202) 616-4310
Dated: February 13, 2015
