Filed: Jun. 01, 2018
Latest Update: Jun. 01, 2018
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 9, 2017, 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") following a tetanus, diphtheria, acellular pertussis ("Tdap") vaccination. Petition at 1. The case was assigned to the Special Processing
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 9, 2017, 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") following a tetanus, diphtheria, acellular pertussis ("Tdap") vaccination. Petition at 1. The case was assigned to the Special Processing U..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On May 9, 2017, 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") following a tetanus, diphtheria, acellular pertussis ("Tdap") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 4, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On May 31, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $80,287.00. 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 $80,287.00 in the form of a check payable to petitioner, Mary Havener. 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 DAMAGES
On December 19, 2017, respondent, the Secretary of Health and Human Services, filed his Rule 4(c) Report conceding entitlement to compensation in this matter, and on January 4, 2018, the Court entered its Ruling on Entitlement, finding petitioner Mary Havener entitled to Vaccine Act compensation. Respondent now proffers that petitioner receive a compensation award consisting of:
a. A lump sum of $80,287.00 in the form of a check payable to petitioner, Mary Havener,1 which amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled;2 and,
b. A lump sum of $5,432.57, in the form of a check payable jointly to petitioner and her counsel, which amount represents compensation for petitioner's attorneys' fees and costs under 42 U.S.C. § 300aa-15(e).
Petitioner agrees with the proffered award of $80,287.00 for her compensation, and $5,432.57 for her attorneys' fees and costs, and has further represented in compliance with General Order No. 9 that she has incurred no personal litigation costs.
