Filed: Feb. 10, 2017
Latest Update: Feb. 10, 2017
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On July 8, 2016, Rebeka R. Codde ("petitioner") on behalf of her daughter, I.R.H., 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 I.R.H. received the DTaP, varicella, and Hib vaccines on August 21, 2014, and thereafter I.R.H. suffered from cellulitis and a scar which was caused-in-fact
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On July 8, 2016, Rebeka R. Codde ("petitioner") on behalf of her daughter, I.R.H., 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 I.R.H. received the DTaP, varicella, and Hib vaccines on August 21, 2014, and thereafter I.R.H. suffered from cellulitis and a scar which was caused-in-fact b..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On July 8, 2016, Rebeka R. Codde ("petitioner") on behalf of her daughter, I.R.H., 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 I.R.H. received the DTaP, varicella, and Hib vaccines on August 21, 2014, and thereafter I.R.H. suffered from cellulitis and a scar which was caused-in-fact by the vaccines. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 15, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On February 10, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $35,000.00. 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 $35,000.00, in the form of a check payable to petitioner, Rebekah R. Codde, as the parent and legal representative of her minor daughter, I.R.H. 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
Based upon the evidence of record, respondent proffers that petitioner should be awarded $35,000.00 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
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $35,000.00 in the form of a check payable to petitioner. Petitioner agrees.
