Filed: Aug. 21, 2015
Latest Update: Aug. 21, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE KATHRYN VOWELL , Chief Special Master . On October 8, 2014, Amy Dillson 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"]. Petitioner alleges that she suffered a shoulder injury caused by an October 10, 2012 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 21, 2015,
Summary: DECISION AWARDING DAMAGES 1 DENISE KATHRYN VOWELL , Chief Special Master . On October 8, 2014, Amy Dillson 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"]. Petitioner alleges that she suffered a shoulder injury caused by an October 10, 2012 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 21, 2015, ..
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DECISION AWARDING DAMAGES1
DENISE KATHRYN VOWELL, Chief Special Master.
On October 8, 2014, Amy Dillson 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"]. Petitioner alleges that she suffered a shoulder injury caused by an October 10, 2012 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 21, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for her shoulder injury which respondent conceded was a shoulder injury related to vaccine administration ("SIRVA"). On August 21, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $70,000.00 for actual and projected pain and suffering.3 Proffer at 1.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $70,000.00 in the form of a check payable to petitioner, Amy Dillson. 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.4
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For the purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report filed on May 25, 2015.
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Petitioner has not submitted documentation for unreimbursed expenses in this case, and thus respondent proffers that petitioner should not be awarded any amount for unreimbursed expenses. Petitioner agrees.
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner's vaccine-related injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(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 of $70,000.00 in the form of a check payable to petitioner.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: August 21, 2015 Telephone: (202) 616-7678
