UNPUBLISHED

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA).

NORA BETH DORSEY, Chief Special Master.

DECISION AWARDING DAMAGES1

On June 26, 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") caused in fact by the influenza vaccine she received on September 25, 2016. Petition at ¶¶ 1, 8. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 9, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. On August 6, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $64,294.70, representing $62,500.00 for actual and projected pain and suffering (with the award for projected pain and suffering reduced to net present value), and $1,794.70 for past unreimbursable expenses. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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 $64,294.70, representing $62,500.00 for actual and projected pain and suffering and $1,794.70 for past unreimbursable expenses in the form of a check payable to petitioner, Nicole Carion. This amount represents compensation for all damages that would be available under § 15(a).

The clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

ECF

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On June 26, 2017, Nicole Carion ("petitioner") filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act"), alleging that she suffered a "Shoulder Injury Related to Vaccine Administration (SIRVA), resulting from adverse effects of an influenza (`flu') vaccine she received on September 25, 2016." Petition at 1. On March 9, 2018, the Secretary of Health and Human Services ("respondent") filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation the same day. ECF No. 18; ECF No. 19.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that Nicole Carion should be awarded $62,500.00 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.

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents Nicole Carion'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 $1,794.70, 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 Nicole Carion 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 $64,294.70, representing compensation for pain and suffering ($62,500.00), and past unreimbursable expenses ($1,794.70), in the form of a check payable to petitioner, Nicole Carion.

III. Summary of Recommended Payments Following Judgment