UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On March 23, 2015, Ann Wyborski 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 an Influenza ("flu") vaccination on September 13, 2013, petitioner suffered a shoulder injury related to vaccine administration ("SIRVA"). Petition at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On June 4, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. On December 3, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $236,492.00. Proffer at 2. 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 $236,492.00, representing the discounted present value of petitioner's projected vaccine-related injury expenses ($2,217.48), past lost earnings ($63,642.75), pain and suffering ($150,000.00), and past un-reimbursable expenses ($20,631.77) in the form of a check payable to petitioner, Ann Wyborski. 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.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Life Care Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded $2,217.48 for projected unreimbursable medical expenses. This amount reflects that the award for projected unreimbursable expenses has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(1), (f)(4)(A). Petitioner agrees.

B. Lost Earnings

The parties agree that based upon the evidence of record, it is unlikely that petitioner's vaccine-related injury will impact her future employment. Thus, future lost earnings under 42 U.S.C. § 300aa-15(a)(3)(A) are not appropriate in this case. However, petitioner did experience a total past loss of earnings in the amount of $63,642.75, and respondent proffers that amount be awarded to her. Petitioner agrees.

C. Pain and Suffering

Respondent proffers that petitioner should be awarded $150,000.00 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), (f)(4)(A). Petitioner agrees.

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioners should be awarded past unreimbursable expenses in the amount of $20,631.77. Petitioner agrees.

E. Medicaid Lien

Petitioner represents that there are no Medicaid liens outstanding against her.

II. Form of the Award

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:1

1. Guardianship

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

III. Summary of Recommended Payments Following Judgment