Filed: Sep. 21, 2017
Latest Update: Sep. 21, 2017
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 17, 2016, Edithe Swensen ("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 alleged that her receipt of an influenza ("flu") vaccine on November 24, 2015, caused her to suffer a left-sided shoulder injury related to vaccine administration ("SIRVA"), as well as "tendinitis, imp
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 17, 2016, Edithe Swensen ("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 alleged that her receipt of an influenza ("flu") vaccine on November 24, 2015, caused her to suffer a left-sided shoulder injury related to vaccine administration ("SIRVA"), as well as "tendinitis, impi..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On November 17, 2016, Edithe Swensen ("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 alleged that her receipt of an influenza ("flu") vaccine on November 24, 2015, caused her to suffer a left-sided shoulder injury related to vaccine administration ("SIRVA"), as well as "tendinitis, impingement, infraspinatus tendinopathy, superior labrum tear, and subdeltoid bursitis." Petition at 1. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.
On June 19, 2017, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation for a SIRVA. On September 21, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $85,000.00. 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 $85,000.00 in the form of a check payable to petitioner, Edithe Swensen. 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. Compensation for Vaccine Injury-Related Items
On June 19, 2017, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration ("SIRVA"). Based on the evidence of record, respondent proffers that petitioner should be awarded $85,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a lump sum payment of $85,000.00 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.
