Unpublished

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On September 14, 2015, Christina L. Murray ("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 alleged that she developed a rotator cuff tear and other shoulder injuries as a result of receiving a seasonal influenza ("flu") vaccine on September 19, 2013. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.

On January 22, 2016, the undersigned issued a ruling on entitlement finding petitioner entitled to compensation for shoulder injury related to vaccine administration ("SIRVA"). On February 24, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $125,000.00. Proffer at 2. 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 $125,000.00 in the form of a check payable to petitioner, Christina L. Murray. 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.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On September 14, 2015, petitioner, Christina L. Murray, filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act"), alleging that she developed a rotator cuff tear and other shoulder injuries as a result of receiving a seasonal influenza ("flu") vaccine on September 19, 2013. On January 20, 2016, respondent filed her Rule 4(c) Report stating that petitioner's shoulder injury is consistent with a shoulder injury related to vaccine administration ("SIRVA") and conceding that her SIRVA is compensable under the Vaccine Act. Accordingly, on January 22, 2016, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner is entitled to compensation for SIRVA. For the purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report filed on January 20, 2016.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $125,000.00, which represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $125,000.00 in the form of a check payable to petitioner. Petitioner agrees.