Filed: Jun. 29, 2016
Latest Update: Jun. 29, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On October 16, 2015, Christina Marshall ("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 alleges that she suffered a right shoulder injury causally related to the influenza vaccination she received on October 6, 2014. Petition at 2-3, 18. Petitioner further alleges that
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On October 16, 2015, Christina Marshall ("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 alleges that she suffered a right shoulder injury causally related to the influenza vaccination she received on October 6, 2014. Petition at 2-3, 18. Petitioner further alleges that h..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On October 16, 2015, Christina Marshall ("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 alleges that she suffered a right shoulder injury causally related to the influenza vaccination she received on October 6, 2014. Petition at ¶¶ 2-3, 18. Petitioner further alleges that her injury lasted more than six months, that she received the vaccination in the United States, and that neither she nor any other person has brought an action for her injury, alleged as vaccine caused. Id. at ¶¶ 2, 19, 21. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 4, 2016, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation. On June 29, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $111,462.21. 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 $111,462.21 in the form of a check payable to petitioner, Christina Marshall. 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
On October 16, 2015, Christina Marshall ("petitioner") filed a petition for compensation ("Petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act"), as amended. Respondent's Rule 4(c) Report, filed on March 3, 2016, conceded that petitioner is entitled to compensation. In light of respondent's concession, on March 4, 2016, the special master found petitioner entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $111,462.21, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $111,462.21 in the form of a check payable to petitioner.1 Petitioner agrees.
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
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: June 29, 2016