Filed: Jan. 06, 2016
Latest Update: Jan. 06, 2016
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 30, 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 October 16, 2014 influenza vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 30, 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 October 16, 2014 influenza vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November ..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On June 30, 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 October 16, 2014 influenza vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 16, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ("SIRVA"). On January 4, 2016, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $88,000.00. 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 $88,000.00 in the form of a check payable to petitioner, Robert Michael Gall. 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.
PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Based upon the evidence of record, respondent proffers that petitioner should be awarded $88,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $88,000.00, in the form of a check payable to petitioner. Petitioner agrees.
