Filed: Nov. 20, 2015
Latest Update: Nov. 20, 2015
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On March 19, 2015, petitioner, Rita Glynn, 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 as a result of a tetanus-diphtheria-acellular pertussis ["Tdap"] vaccination on April 30, 2012, she suffered brachial neuritis, an impingement syndrome, and frozen shoulder. Petition a
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On March 19, 2015, petitioner, Rita Glynn, 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 as a result of a tetanus-diphtheria-acellular pertussis ["Tdap"] vaccination on April 30, 2012, she suffered brachial neuritis, an impingement syndrome, and frozen shoulder. Petition at..
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Unpublished
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On March 19, 2015, petitioner, Rita Glynn, 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 as a result of a tetanus-diphtheria-acellular pertussis ["Tdap"] vaccination on April 30, 2012, she suffered brachial neuritis, an impingement syndrome, and frozen shoulder. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 1, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ["SIRVA"]. On November 20, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $75,000.00. Proffer at 1. In the Proffer, respondent represented 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 petitioner a lump sum payment of $75,000.00 in the form of a check payable to petitioner, Rita Glynn. 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
On March 19, 2015, Rita Glynn ("petitioner") 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. The Petition alleges that petitioner received a tetanus-diphtheria-acellular pertussis ("Tdap") vaccine in her left shoulder on April 30, 2012, and subsequently suffered brachial neuritis, impingement syndrome, and frozen shoulder, as a result of the vaccination. Respondent's Rule 4(c) Report, filed on June 1, 2015, conceded that petitioner is entitled to compensation in this case because her alleged injury is consistent with a shoulder injury related to vaccine administration ("SIRVA"), no other cause for her condition has been identified, and she has suffered the residual effects of her condition for more than six months. In light of respondent's concession, on June 21, 2015, the Chief Special Master found petitioner entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $75,000.00, which 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
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $75,000.00 in the form of a check payable to petitioner.1 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
