NORA BETH DORSEY, Chief Special Master.
On June 30, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.,
On September 28, 2015, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation. On October 26, 2015, respondent filed a proffer on award of compensation ["Proffer"] stating that petitioner should be awarded $86,885.92. Proffer at 3. In the Proffer, respondent represents that petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards:
The clerk of the court is directed to enter judgment in accordance with this decision.
On June 30, 2015, Robert Nolop ("petitioner") filed a petition for compensation under the Vaccine Act. Petitioner alleges that he received an influenza vaccine in his left arm on October 24, 2012, and subsequently suffered from a shoulder injury related to vaccine administration ("SIRVA") secondary to the vaccination. Petition at 1. The Secretary of Health and Human Services ("respondent") filed a Vaccine Rule 4(c) report, conceding that petitioner suffered SIRVA, and recommending that the Court award petitioner compensation. On September 28, 2015, the Chief Special Master issued an Entitlement Decision and a Damages Order. Respondent hereby submits the following proffer regarding the award of compensation.
Respondent proffers that based on the evidence of record, petitioner is not entitled to an award for projected unreimbursable medical care expenses incurred from the date of judgment as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
Respondent proffers that based on the evidence of record, petitioner is not entitled to an award for lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
Respondent proffers that the Court should award Robert Nolop a lump sum of $85,000.00 for his actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value.
Evidence supplied by petitioner documents Robert Nolop's expenditure of past unreimubursable expenses as a result of his vaccine-related injury. Respondent proffers that the Court should award Robert Nolop a lump sum of $1,885.92 for past unreimbursable expenses as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
Petitioner represents that there are no outstanding Medicaid liens related to his vaccine-related injury.
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below and request that the Chief Special Master's decision and the Court's judgment award the following