Filed: Sep. 02, 2015
Latest Update: Sep. 02, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Special Master . On March 2, 2015, Marilyn Akyuz 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 7, 2013, petitioner suffered a shoulder injury related to vaccine administration ["SIRVA"]. Petition at 1. The case was assigned to the Special
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Special Master . On March 2, 2015, Marilyn Akyuz 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 7, 2013, petitioner suffered a shoulder injury related to vaccine administration ["SIRVA"]. Petition at 1. The case was assigned to the Special P..
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DECISION AWARDING DAMAGES1
DENISE K. VOWELL, Special Master.
On March 2, 2015, Marilyn Akyuz 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 7, 2013, petitioner suffered a shoulder injury related to vaccine administration ["SIRVA"]. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 22, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for SIRVA. On September 1, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating that petitioner should be awarded compensation in the amount of $127,500.00. Proffer at 1.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $127,500.00 in the form of a check payable to petitioner, Marilyn Akyuz. 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.
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $127,500.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $127,500.00, in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Prinicipal Deputy 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/ Sarah C. Duncan
________________________________
Sarah C. Duncan
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) 514-9729
Fax: (202) 616-4310