Filed: Feb. 18, 2016
Latest Update: Feb. 18, 2016
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On October 9, 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"]. Petitioner alleged that he suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine he received on November 1, 2014. Petition at 1, 1-17. The case was assigned to the Specia
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On October 9, 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"]. Petitioner alleged that he suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine he received on November 1, 2014. Petition at 1, 1-17. The case was assigned to the Special..
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Unpublished
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On October 9, 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"]. Petitioner alleged that he suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine he received on November 1, 2014. Petition at 1, ¶¶1-17. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 14, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On February 18, 2016, respondent filed a proffer on award of compensation ["Proffer"] stating petitioner should be awarded $93,246.15. Proffer at 1. In the Proffer, respondent represents 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 $93,246.15, in the form of a check payable to petitioner, Colt Sanders. 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 January 14, 2016, the Chief Special Master issued an Entitlement Ruling in this conceded SIRVA case. Having reviewed petitioner's demand and supporting information, respondent recommends that compensation be awarded as outlined below.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $93,246.15 representing 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
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $93,246.15 in the form of a check payable to petitioner. Petitioner agrees.
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
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
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) 616-4099
Date: February 18, 2016.
