UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On November 17, 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") in her left shoulder following receipt of an influenza ("flu") vaccination on November 16, 1015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 7, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On December 7, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded a total of $167,293.39, representing $50,575.66 in compensation for lost earnings, $110,000.00 in compensation for pain and suffering, and $6,717.73 in compensation for past unreimbursable 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 $167,293.39, representing $50,575.66 in compensation for lost earnings, $110,000.00 in compensation for pain and suffering, and $6,717.73 in compensation for past unreimbursable expenses, in the form of a check payable to petitioner, Sheri Rocca. 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

A. Lost Earnings

The parties agree that based upon the evidence of record, Sheri Rocca has suffered past and future loss of earnings as a result of her vaccine-related injury. Therefore, respondent proffers that the Court should award Sheri Rocca a lump sum of $50,575.66 for her past and future lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

B. Pain and Suffering

Respondent proffers that Sheri Rocca should be awarded $110,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

C. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Sheri Rocca's expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $6,717.73, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.

II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to Sheri Rocca 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 following1: a lump sum payment of $167,293.39, representing compensation for lost earnings ($50,575.66), pain and suffering ($110,000.00), and past unreimbursable expenses ($6,717.73), in the form of a check payable to petitioner, Sheri Rocca.

III. Summary of Recommended Payments Following Judgment