Filed: Oct. 14, 2015
Latest Update: Oct. 14, 2015
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On March 26, 2015, Jovan Ragia ("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"]. Petitioner alleges that he suffered a shoulder injury caused by the tetanus, diphtheria, acellular pertussis ("Tdap") vaccine he received on April 16, 2014. Petition at 1. The case was assigned to the Special Processin
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On March 26, 2015, Jovan Ragia ("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"]. Petitioner alleges that he suffered a shoulder injury caused by the tetanus, diphtheria, acellular pertussis ("Tdap") vaccine he received on April 16, 2014. Petition at 1. The case was assigned to the Special Processing..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On March 26, 2015, Jovan Ragia ("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"]. Petitioner alleges that he suffered a shoulder injury caused by the tetanus, diphtheria, acellular pertussis ("Tdap") vaccine he received on April 16, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 30, 2015, the undersigned issued a ruling on entitlement in favor of petitioner. On October 14, 2015, respondent filed a proffer on award of compensation ["Proffer"] stating that petitioner should be awarded a lump sum in the amount of $109,579.18. Proffer at 2. This amount represents compensation for lost earnings ($8,326.22), pain and suffering ($100,000.00), and past unreimbursable expenses ($1,252.96).
Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as set forth in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards the following:
A. A lump sum payment of $109,579.18, in the form of a check payable to petitioner, Jovan Ragia. This amount represents compensation for all damages that would be available under § 300aa-15(a).
Proffer ¶III.
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, Jovan Ragia has suffered a past loss of earnings as a result of his vaccine-related injury. Therefore, respondent proffers that the Court should award Jovan Ragia a lump sum of $8,326.22 for his 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 Jovan Ragia a lump sum of $100,000.00 for his 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 Jovan Ragia's expenditure of past unreimubursable expenses as a result of his vaccine-related injury. Respondent proffers that the Court should award Jovan Ragia a lump sum of $1,252.96 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 his 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 $109,579.18, representing compensation for lost earnings ($8,326.22), pain and suffering ($100,000.00), and past unreimbursable expenses ($1,252.96), in the form of a check payable to petitioner, Jovan Ragia.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $109,579.18
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 616-4138
Dated: October 14, 2015