Filed: Apr. 22, 2015
Latest Update: Apr. 22, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On November 5, 2014, Louis Mansolillo 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 as a result of a trivalent influenza ("flu") vaccination on October 4, 2013, petitioner suffered a shoulder injury. Petition at 1-2. The case was assigned to the Special Processing Unit ("SPU") of the
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On November 5, 2014, Louis Mansolillo 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 as a result of a trivalent influenza ("flu") vaccination on October 4, 2013, petitioner suffered a shoulder injury. Petition at 1-2. The case was assigned to the Special Processing Unit ("SPU") of the ..
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DECISION AWARDING DAMAGES1
DENISE K. VOWELL, Chief Special Master.
On November 5, 2014, Louis Mansolillo 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 as a result of a trivalent influenza ("flu") vaccination on October 4, 2013, petitioner suffered a shoulder injury. Petition at 1-2. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.
On January 21, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation. On April 20, 2015, respondent filed a proffer on award of compensation ("Proffer") detailing compensation for all elements of compensation to which petitioner would be entitled under § 15(a). 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 $100,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available under § 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 $100,000.00. This amount 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 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 $100,000.00 in the form of a check payable to petitioner, Louis Mansolillo. 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,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
DATED: 20 April 2015
