Unpublished

DECISION AWARDING DAMAGES AND ATTORNEYS' FEES AND COSTS1

NORA BETH DORSEY, Chief Special Master.

On July 24, 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 as a result of an influenza ["flu"] vaccination on September 23, 2014, she suffered a shoulder injury. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 28, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for her Shoulder Injury Related to Vaccine Administration ["SIRVA"]. On November 30, 2015, respondent filed a Proffer of Damages ["Proffer"] indicating petitioner should be awarded $65,773.25 in damages for actual and projected pain and suffering, and $226.75 in damages for past unreimbursable expenses. 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.

Respondent further proffered that petitioner shoulder be awarded $13,854.58 for attorneys' fees and costs. Proffer at 2. In accordance with General Order #9, the Proffer indicates that petitioner's counsel represents that petitioner incurred no out-of-pocket expenses. The Proffer further indicates that petitioner's counsel agrees with the proffered award. The Vaccine Act permits an award of reasonable attorneys' fees and costs. 42 U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner's request and the lack of any objection by respondent, the undersigned GRANTS the request for approval and payment of attorneys' fees and costs.

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.4

IT IS SO ORDERED.

RESPONDENT'S PROFFER OF DAMAGES

I. Items of Compensation

For the purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report filed on October 26, 2015.

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $65,773.25 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). Petitioner agrees.

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $226.75. Petitioner agrees.

C. Lost Wages

The parties agree that based upon the evidence of record, petitioner's vaccine-related injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

D. Attorney's Fees and Costs

Petitioner has supplied documentation of reasonable attorney's fees and litigation costs in the amount of $13,854.58, incurred in pursuit of this petition. In compliance with General Order #9, petitioner has indicated that she did not incur any out-of-pocket expenses in proceeding on the petition. Respondent proffers that petitioner should be awarded $13,854.58 for attorneys' fees and costs. Petitioner agrees.

II. Form of the Award

The parties recommend that compensation provided to petitioner should be made through lump sum payments as described below and request that the Chief Special Master's decision and the Court's judgment award the following:1

A. A lump sum payment of $66,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)., in the form of a check payable to petitioner; and

B. A lump sum payment of $13,854.58, in the form of a check payable to petitioner and petitioner's attorney, Maximillian Muller, Esq., for attorney's fees and costs. Petitioner agrees to endorse this payment to petitioner's attorney.

III. Summary of Recommended Payments Following Judgment