UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On October 18, 2016, Douglas A. Freedman ("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 he suffered shoulder pain and restricted range of motion caused-in-fact by the influenza vaccine he received on October 23, 2013. Petition at 1, ¶¶ 4, 41.

On March 24, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for shoulder injury related to vaccine administration ("SIRVA"). On September 5, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $100,000.00. 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 $100,000.00 in the form of a check payable to petitioner, Douglas A. Freedman. 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.

ECF

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On October 18, 2016, Douglas Freedman ("petitioner") filed a petition for vaccine injury compensation alleging that he suffered a left shoulder injury related to vaccine administration ("SIRVA"), which was caused-in-fact by an influenza ("flu") vaccination administered on October 23, 2013. Respondent filed his Rule 4(c) Report conceding entitlement to compensation on March 23, 2017. The Chief Special Master issued a Ruling on Entitlement on March 24, 2017.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $100,000.00, 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 $100,000.00 in the form of a check payable to petitioner.2 Petitioner agrees.