Filed: Sep. 20, 2016
Latest Update: Sep. 20, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 25, 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 she received an influenza ("flu") vaccine in her left deltoid on September 23, 2014, and that she subsequently suffered a shoulder injury related to vaccine administration ("SIRVA"). Petition at 1. The case
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 25, 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 she received an influenza ("flu") vaccine in her left deltoid on September 23, 2014, and that she subsequently suffered a shoulder injury related to vaccine administration ("SIRVA"). Petition at 1. The case w..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On November 25, 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 she received an influenza ("flu") vaccine in her left deltoid on September 23, 2014, and that she subsequently suffered a shoulder injury related to vaccine administration ("SIRVA"). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 13, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On September 20, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $165,000.00. 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 $165,000.00 in the form of a check payable to petitioner, Lori Hillstead. 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
The Court issued a Ruling on Entitlement on June 13, 2016. Based upon the evidence of record, respondent proffers that petitioner should be awarded $165,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $165,000.00, in the form of a check payable to petitioner. Petitioner agrees.
