Unpublished

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On September 9, 2015, Lou Ann Hare ("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 shoulder injuries caused by tetanus, diphtheria, acellular pertussis ("Tdap") vaccine she received on October 31, 2014. Pet. at 1. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.

On December 10, 2015, the undersigned issued a ruling on entitlement finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ("SIRVA"). On October 21, 2016, respondent filed an amended proffer on award of compensation 3 ("Proffer") indicating petitioner should be awarded $530,130.83, which amount represents $525,000.00 for all elements of compensation to which petitioner would be entitled under § 300aa-15(a), and $5,130.83 to satisfy, in full, the State of Iowa Medicaid lien. 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 the following compensation:

Petitioner agrees to endorse this payment to Iowa Medicaid Enterprise. The clerk of the court is directed to enter judgment in accordance with this decision.4

IT IS SO ORDERED.

RESPONDENT'S AMENDED PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items:

Respondent proffers that, based on the evidence of record, petitioner, Lou Ann Hare, should be awarded $525,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Respondent further proffers that petitioner, Lou Ann Hare, should be awarded funds to satisfy, in full, the State of Iowa Medicaid lien in the amount of $5,130.83, which represents satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Iowa may have against any individual as a result of any Medicaid payments the State of Iowa has made to or on behalf of Lou Ann Hare from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury, under Title XIX of the Social Security Act.

II. Form of the Award:

The parties recommend that the compensation provided to Lou Ann Hare should be made through two lump sum payments as described below, and request that the special master's decision and the Court's judgment award the following:1

Petitioner agrees to endorse this payment to Iowa Medicaid Enterprise. Petitioner is a competent adult. Evidence of guardianship is not required in this case.