DECISION AWARDING DAMAGES AND ATTORNEYS' FEES AND COSTS1

DENISE K. VOWELL, Chief Special Master.

On December 8, 2014, Karen Stroup 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"] on behalf of her son, R.B. Petitioner alleged that R.B. suffered a shoulder injury which was caused by the influenza and meningococcal vaccines he received on October 29, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 16, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation.

Approximately four months later, petitioner filed a motion indicating that R.B. had turned 18 years old on August 9, 2015 and was no longer a minor. Motion, filed Aug. 11, 2015, at 1. Petitioner requested that the caption be amended to reflect Ryan Britton (formerly R.B.) as petitioner. Id. at 1-2. I granted petitioner's request. Order, issued Aug. 13, 2015.

On September 1, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $109,617.48. Proffer at 2. According to respondent's Proffer, petitioner agrees to this proposed amount. Id.

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $109,617.48 in the form of a check payable to petitioner, Ryan Britton. This amount represents compensation for all damages that would be available under § 300aa-15(a).

The Proffer further indicated that petitioner should be awarded $16,500.00 for attorneys' fees and costs. Proffer at 2. In accordance with General Order #9, petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. Id. According to respondent's Proffer, petitioner agrees to this proposed amount. Id.

The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.

Accordingly, I award the total $16,500.003 as a lump sum in the form of a check jointly payable to petitioner Ryan Britton and petitioner's counsel Maximillian J. Muller.

The clerk of the court is directed to enter judgment in accordance with this decision.4

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On December 8, 2014, petitioner1 filed a petition for compensation ("Petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act"), as amended, alleging that he suffered an injury to his left shoulder as a result of influenza and meningococcal vaccines administered on October 29, 2013. See generally Dkt. 15, Resp.'s Rep. at 1-4. The Secretary of Health and Human Services ("respondent") filed a Vaccine Rule 4(c) report, conceding that petitioner suffered from a shoulder injury related to vaccine administration ("SIRVA"), and recommending that the Court award petitioner compensation. Id. at 4-5. Respondent hereby submits the following proffer regarding the award of compensation.

I. Items of Compensation

A. Vaccine Injury-Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded $109,617.48, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

B. Attorneys' Fees and Costs

Petitioner has supplied documentation of reasonable attorneys' fees and costs in the amount of $16,500.00. Pursuant to General Order #9, petitioner's counsel has represented to respondent's counsel that petitioner incurred no out-of-pocket expenses in proceeding on the petition. Respondent proffers that petitioner should be awarded $16,500.00 for attorneys' fees and costs. Petitioner agrees.

II. Form of the Award

The parties request that the Chief Special Master's decision and the Court's judgment award the following2:

A. A lump sum payment of $109,617.48 (representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)), in the form of a check payable to petitioner; and

B. A lump sum payment of $16,500.00 in the form of a check payable to petitioner and petitioner's attorney, Maximillian J. Muller, Esq., for attorneys' fees and costs. Petitioner agrees to endorse this payment to petitioner's attorney.

III. Summary of Recommended Payments Following Judgment