Filed: Jan. 15, 2016
Latest Update: Jan. 15, 2016
Summary: RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 14, 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 the influenza ["flu"] vaccination that she received on November 4, 2014 caused her to suffer a shoulder injury. Petition at 1, 3. The case was assigned to the Special Processing U
Summary: RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 14, 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 the influenza ["flu"] vaccination that she received on November 4, 2014 caused her to suffer a shoulder injury. Petition at 1, 3. The case was assigned to the Special Processing Un..
More
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On September 14, 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 the influenza ["flu"] vaccination that she received on November 4, 2014 caused her to suffer a shoulder injury. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 8, 2016, respondent filed a Rule 4(c) Report and Proffer on Damages in which she concedes that petitioner is entitled to compensation in this case. Respondent's Rule 4(c) Report and Proffer on Damages at 1 (ECF No. 12). Specifically, respondent "has concluded that petitioner's alleged injury is consistent with shoulder injury related to vaccine administration (SIRVA), and that it was caused in fact by the flu vaccine she received on November 4, 2014." Id. at 3. Respondent further indicates that "petitioner has satisfied all legal prerequisites for compensation under the Act". Id.
Additionally, "[b]ased upon the evidence of record, respondent proffers that petitioner should be awarded $120,000.00" in compensation. Respondent's Rule 4(c) Report and Proffer on Damages at 4. Respondent represents that petitioner agrees with the proffered award. Id.
In view of respondent's concession and the evidence before me, the undersigned finds that petitioner is entitled to compensation. Further, based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in Respondent's Rule 4(c) Report and Proffer on Damages.
Pursuant to the terms stated in Respondent's Rule 4(c) Report and Proffer on Damages at 4, the undersigned awards petitioner a lump sum payment of $120,000.00 in the form of a check payable to petitioner, Ruth Whatley.3 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.4
IT IS SO ORDERED.
