Filed: May 20, 2016
Latest Update: May 20, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master : On October 27, 2015, Linda K. Schupp ("petitioner") filed a petition for compensation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 she suffered pain in her left shoulder secondary to an influenza ("flu") vaccine she received on September 17, 2013. Petition at 1. The case was assigned to the Special Processing Unit of
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master : On October 27, 2015, Linda K. Schupp ("petitioner") filed a petition for compensation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 she suffered pain in her left shoulder secondary to an influenza ("flu") vaccine she received on September 17, 2013. Petition at 1. The case was assigned to the Special Processing Unit of t..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master:
On October 27, 2015, Linda K. Schupp ("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 she suffered pain in her left shoulder secondary to an influenza ("flu") vaccine she received on September 17, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 22, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On May 20, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $111,515.80. Proffer at 2. 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 $111,515.80, representing compensation for pain and suffering ($110,000.00), and past unreimbursable expenses ($1,515.80), in the form of a check payable to petitioner, Linda K. Schupp. 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. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an award for projected unreimbursable medical care expenses incurred from the date of judgment as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
Respondent proffers that based on the evidence of record, petitioner is not entitled to an award for lost earnings as provided under 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that the Court should award Linda K. Schupp a lump sum of $110,000.00 for her actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Linda K. Schupp's expenditure of past unreimbursable expenses as a result of her vaccine-related injury. Respondent proffers that the Court should award Linda K. Schupp a lump sum of $1,515.80 for past unreimbursable expenses as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to her vaccine-related injury.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below and request that the Chief Special Master's decision and the Court's judgment award the following1: a lump sum payment of $111,515.80, representing compensation for pain and suffering ($110,000.00), and past unreimbursable expenses ($1,515.80), in the form of a check payable to petitioner, Linda K. Schupp.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $111,515.80
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
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division