Filed: Apr. 03, 2018
Latest Update: Apr. 03, 2018
Summary: DECISION AWARDING DAMAGES 1 UNPUBLISHED NORA BETH DORSEY , Chief Special Master . On September 30, 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 received an influenza ("flu") on October 4, 2013, and subsequently suffered a shoulder injury as a result of the flu vaccination. Petition at 1. The case was assigned to the Special Processing Unit of t
Summary: DECISION AWARDING DAMAGES 1 UNPUBLISHED NORA BETH DORSEY , Chief Special Master . On September 30, 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 received an influenza ("flu") on October 4, 2013, and subsequently suffered a shoulder injury as a result of the flu vaccination. Petition at 1. The case was assigned to the Special Processing Unit of th..
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DECISION AWARDING DAMAGES1
UNPUBLISHED
NORA BETH DORSEY, Chief Special Master.
On September 30, 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 received an influenza ("flu") on October 4, 2013, and subsequently suffered a shoulder injury as a result of the flu vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 20, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. On March 30, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $79,521.12 representing compensation for pain and suffering ($75,000.00), and past unreimbursable expenses ($4,521.12). Proffer at 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 $79,521.12 in the form of a check payable to petitioner, Betsy Le. 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 DAMAGES
On September 30, 2016, Betsy Le ("petitioner") filed a petition for compensation ("Petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act"), as amended. Respondent conceded petitioner's entitlement to compensation in his Rule 4(c) Report filed on March 20, 2018. Based on Respondent's Rule 4(c) Report the Chief Special Master found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her 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 $4,521.12. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $79,521.12 representing compensation for pain and suffering ($75,000.00), and past unreimbursable expenses ($4,521.12), in the form of a check payable to petitioner.1 This lump sum payment represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
