Filed: Apr. 27, 2016
Latest Update: Apr. 27, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 28, 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 alleges that, as a result of receiving the tetanus-diphtheria-acellular-pertussis vaccine on December 17, 2014, she suffered from a left shoulder injury related to vaccine administration ("SIRVA"). Petition at 1-3. The ca
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 28, 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 alleges that, as a result of receiving the tetanus-diphtheria-acellular-pertussis vaccine on December 17, 2014, she suffered from a left shoulder injury related to vaccine administration ("SIRVA"). Petition at 1-3. The cas..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On December 28, 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 alleges that, as a result of receiving the tetanus-diphtheria-acellular-pertussis vaccine on December 17, 2014, she suffered from a left shoulder injury related to vaccine administration ("SIRVA"). Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 24, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On April 27, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $115,000.00. Proffer at 1. 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 $115,000.00 in the form of a check payable to petitioner, Laura McKenna. 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. PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On December 28, 2015, Laura McKenna ("petitioner") filed a petition for compensation ("Petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to — 34, as amended. She alleged that, as a result of receiving the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine on December 17, 2014, she suffered from a left shoulder injury related to vaccine administration ("SIRVA"). Petition at 1-3.
On March 23, 2016, respondent filed her Vaccine Rule 4(c) report, conceding causation-in-fact for petitioner's SIRVA. On March 24, 2016, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA caused by the Tdap vaccine.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $115,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $115,000.00, in the form of a check payable to petitioner.2 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
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Fax: (202) 616-4310