Filed: Dec. 16, 2015
Latest Update: Dec. 16, 2015
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 3, 2015, Petitioner 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 he suffered a shoulder injury following receipt of his September 2, 2014 Tetanus-diphtheria and acellular pertussis ("Tdap") vaccination. Petition at 2. The case was assigned to the Special Proc
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 3, 2015, Petitioner 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 he suffered a shoulder injury following receipt of his September 2, 2014 Tetanus-diphtheria and acellular pertussis ("Tdap") vaccination. Petition at 2. The case was assigned to the Special Proce..
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Unpublished
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On September 3, 2015, Petitioner 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 he suffered a shoulder injury following receipt of his September 2, 2014 Tetanus-diphtheria and acellular pertussis ("Tdap") vaccination. Petition at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 3, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ("SIRVA:"). On December 16, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $80,000.00. 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 $80,000.00 in the form of a check payable to petitioner, Frank Stendal. 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. Compensation for Vaccine Injury-Related Items
On December 3, 2015, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration ("SIRVA"). Based on the evidence of record, respondent proffers that petitioner should be awarded $80,000.00. This amount 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 $80,000.00 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.
