Filed: Apr. 04, 2016
Latest Update: Apr. 04, 2016
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 3, 2015, Jane Tougas ("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 she suffered a left shoulder injury, including adhesive capsulitis and rotator cuff impingement syndrome, as a result of an influenza ("flu") vaccine administered to her on November 19, 2014. Petition at
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 3, 2015, Jane Tougas ("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 she suffered a left shoulder injury, including adhesive capsulitis and rotator cuff impingement syndrome, as a result of an influenza ("flu") vaccine administered to her on November 19, 2014. Petition at 1..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On December 3, 2015, Jane Tougas ("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 she suffered a left shoulder injury, including adhesive capsulitis and rotator cuff impingement syndrome, as a result of an influenza ("flu") vaccine administered to her on November 19, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 3, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On April 1, 2016, respondent filed a proffer on award of compensation ("Proffer") stating petitioner should be awarded $70,000.00. 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 $70,000.00, in the form of a check payable to petitioner, Jane Tougas. 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
I. Compensation for Vaccine Injury-Related Items:
Respondent proffers that based on the evidence of record, petitioner should be awarded $70,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); §15(a)(3)(B); and §15(a)(4). Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to Jane Tougas should be made through a lump sum payment as described below, and request that the special master's decision and the Court's judgment award the following:1
A lump sum payment of $70,000.00 in the form of a check payable to petitioner, Jane Tougas. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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/Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4133
Dated: April 1, 2015
