UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On December 4, 2015, Jennifer Leedy ("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 a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine she received on October 1, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 7, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On June 9, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded (a) a lump sum payment of $106,917.00, representing compensation for pain and suffering ($105,000.00) and lost earnings ($1,917.00), and (b) a lump sum payment of $4,404.85, representing compensation for satisfaction of the State of New Jersey Medicaid lien. Proffer at 2-3. 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 the following:

Petitioner agrees to endorse this payment to the State of Jew Jersey.

These amounts represent 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

The parties agree that based upon the evidence of record, Jennifer Leedy has suffered a past loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers that the Court should award Jennifer Leedy a lump sum of $1,917.00 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 Jennifer Leedy a lump sum of $105,000.00 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

Respondent proffers that based on the evidence of record, petitioner is not entitled to an award for past unreimbursable expenses as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.

E. Medicaid Lien

Respondent proffers that Jennifer Leedy should be awarded funds to satisfy the State of New Jersey Medicaid lien in the amount of $4,404.85, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of New Jersey may have against any individual as a result of any Medicaid payments the State of New Jersey has made to or on behalf of Jennifer Leedy from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about October 1, 2014, under Title XIX of the Social Security Act. Such compensation shall be in the form of a lump sum payment as forth in section II.B below. Petitioners agree.

II. Form of the Award.

The parties recommend that the compensation provided to petitioner should be made through two lump sum payments as described below, and request that the Chief Special Master's decision and the Court's judgment award the following1:

Petitioner agrees to endorse this payment to the State of New Jersey.

III. Summary of Recommended Payments Following Judgment