Filed: Dec. 19, 2017
Latest Update: Dec. 19, 2017
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 1, 2016, Julia Franklin ("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") after receiving an influenza ("flu") vaccine on November 19, 2015. Petition at 1. The case was assigned to the Spe
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 1, 2016, Julia Franklin ("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") after receiving an influenza ("flu") vaccine on November 19, 2015. Petition at 1. The case was assigned to the Spec..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On December 1, 2016, Julia Franklin ("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") after receiving an influenza ("flu") vaccine on November 19, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 25, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On December 18, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded a total of $80,774.10 (representing $80,000.00 for past and future pain and suffering, and $774.10 for past unreimbursed medical expenses). 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 $80,774.10 (representing $80,000.00 for past and future pain and suffering, and $774.10 for past unreimbursed medical expenses) in the form of a check payable to petitioner, Julia Franklin. 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
The Court issued a Ruling on Entitlement on July 25, 2017. Based upon the evidence of record, respondent proffers that petitioner should be awarded compensation as follows:
A. $80,000.00, for past and future pain and suffering, and
B. $774.10, for past unreimbursed medical expenses.
These amounts represent 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
Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that petitioner be awarded a lump sum payment of $80,774.10 in the form of a check payable to petitioner. Petitioner agrees.
