UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On March 14, 2016, 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 suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of her September 24, 2014 influenza ("flu") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 21, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On November 15, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded compensation of $82,295.30 representing lost earnings, $110,000.00 representing actual and projected pain and suffering, and $49,216.83 representing actual and projected unreimbursed expenses. Proffer at 1-2. 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 $241,512.13 which represents compensation for lost earnings ($82,295.30), pain and suffering ($110,000.00), and unreimbursed expenses ($49,216.83), in the form of a check payable to petitioner, Diane Chandler. 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.

PROFFER ON AWARD OF COMPENSATION1

I. Procedural History

On March 14, 2016, Diane Chandler ("petitioner") filed a Petition ("Petition") for compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act"). Petitioner alleges that she suffered from a shoulder injury related to vaccine administration ("SIRVA") as a result of receiving an influenza vaccination on September 24, 2014. Petition at 1.

On July 20, 2017, respondent filed a Vaccine Rule 4(c) Report, and on July 21, 2017, the Court found petitioner entitled to compensation based on a theory of causation-in-fact.

II. Items of Compensation

A. Lost Earnings

The parties agree that based upon the evidence of record, petitioner has suffered past loss of earnings and will suffer a loss of earnings in the future. Therefore, respondent proffers that petitioner should be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for petitioner's lost earnings is $82,295.30. Petitioner agrees.

B. Pain and Suffering

Respondent proffers that petitioner should be awarded $110,000.00 in actual and projected pain and suffering. Petitioner agrees.

C. Unreimbursed Expenses

Respondent proffers that petitioner should be awarded $49,216.83 in actual and projected unreimbursed expenses. Petitioner agrees.

III. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below, and requests that the Chief Special Master's decision and the Court's judgment award the following:2

A lump sum payment of $241,512.13, representing compensation for lost earnings ($82,295.30); pain and suffering ($110,000.00); and unreimbursed expenses ($49,216.83), in the form of a check payable to petitioner.