Unpublished

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On April 7, 2015, Arika Browne 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 she suffered a left shoulder injury as a result of the administration of an influenza vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 20, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for a Shoulder Injury Related to Vaccine Administration ("SIRVA"). On October 5, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $37,000.00 for lost earnings, $85,000.00 for actual and projected pain and suffering, and $4,000.00 for past unreimbursable expenses, amounting to a total award of $126,000.00. Proffer at 1-2. Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $126,000.00 in the form of a check payable to petitioner, Arika Browne. 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

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Future Medical Care Expenses

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.

B. Lost Earnings

The parties agree that based upon the evidence of record, Arika Browne has suffered a past loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers that the Court should award Arika Browne a lump sum of $37,000.00 for her lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

C. Pain and Suffering

Respondent proffers that the Court should award Arika Browne a lump sum of $85,000.00 for her 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 § 300aa-15(a)(4). Petitioner agrees.

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Arika Browne's expenditure of past unreimubursable expenses as a result of her vaccine-related injury. Respondent proffers that the Court should award Arika Browne a lump sum of $4,000.00 for past unreimbursable expenses as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.

E. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to her vaccine-related injury.

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 following1: a lump sum payment of $126,000.00, representing compensation for lost earnings ($37,000.00), pain and suffering ($85,000.00), and past unreimbursable expenses ($4,000.00), in the form of a check payable to petitioner, Arika Browne.

III. Summary of Recommended Payment Following Judgment

Lump sum payable to petitioner: $126,000.00