Filed: Apr. 28, 2016
Latest Update: Apr. 28, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 2, 2015, Jennifer Ricci ("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 suffered a shoulder injury caused in fact by the influenza vaccination she received on October 14, 2014. Petition at 1, 2, 4, 12. The case was assigned to the Special P
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 2, 2015, Jennifer Ricci ("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 suffered a shoulder injury caused in fact by the influenza vaccination she received on October 14, 2014. Petition at 1, 2, 4, 12. The case was assigned to the Special Pr..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On September 2, 2015, Jennifer Ricci ("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 suffered a shoulder injury caused in fact by the influenza vaccination she received on October 14, 2014. Petition at 1, ¶¶ 2, 4, 12. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 16, 2016, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation. On April 12, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $91,680.17. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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 $91,680.17 in the form of a check payable to petitioner, Jennifer Ricci. 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.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 2, 2015, Jennifer Ricci ("petitioner") filed a Petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to-34 ("Vaccine Act"). Petitioner alleges that she suffered from a left shoulder injury as a result of receiving an influenza vaccine on October 14, 2014. Petition at 1-2. Petitioner alleges a theory based on causation-in-fact.
On March 14, 2016, respondent filed her Vaccine Rule 4(c) report, conceding causation-in-fact for petitioner's shoulder injury related to vaccine administration ("SIRVA").
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $91,680.17, 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 $91,680.17, 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
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ DOUGLAS ROSS
_________________
DOUGLAS ROSS
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) 616-3667
DATE: April 12, 2016.