Filed: Mar. 04, 2016
Latest Update: Mar. 04, 2016
Summary: Unpublished RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 17, 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 she suffered a shoulder injury caused by the influenza vaccination she received on October 29, 2014. Petition at 1, 18. Petitioner further alleges that she received t
Summary: Unpublished RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 17, 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 she suffered a shoulder injury caused by the influenza vaccination she received on October 29, 2014. Petition at 1, 18. Petitioner further alleges that she received th..
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Unpublished
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On November 17, 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 she suffered a shoulder injury caused by the influenza vaccination she received on October 29, 2014. Petition at 1, ¶ 18. Petitioner further alleges that she received the vaccination in the United States and suffered the residual effects of her injury for more than six months. Id. at ¶¶ 2, 18-19. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 3, 2016, respondent filed her Rule 4(c) report and Proffer on Damages in which she concedes that that the case is appropriate for compensation. Respondent's Rule 4(c) Report and Proffer on Damages at 1. Specifically, respondent agrees "that petitioner's alleged injury is consistent with a shoulder injury related to vaccine administration (SIRVA) . . . [and] further agrees that petitioner's SIRVA was caused-in-fact by the flu vaccination she received on October 29, 2014." Id. at 3. Respondent further agrees that "[n]o other causes for petitioner's SIRVA were identified . . . [and] the statutory six month sequela requirement has been satisfied." Id. (citations omitted).
Additionally, "[r]espondent proffers that, based on the evidence of record, petitioner should be awarded $112,500.00" which represents all elements of compensation to which petitioner would be entitled under § 15(a). 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 3, the undersigned awards petitioner a lump sum payment of $112,500.00 in the form of a check payable to petitioner, Gail Boteler. This amount represents compensation for all damages that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
