UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On April 14, 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 her November 20, 2015 influenza ("flu") vaccination caused her to suffer a shoulder injury. See Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 5, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injury. On August 14, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $78,083.78 (comprised of $77,500.00 in past and future pain and suffering and $583.78 in unreimbursable expenses). Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. On August 14, 2018, petitioner filed a notice confirming that she accepts the proffer filed by respondent. 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 $78,083.78 (comprised of $77,500.00 in past and future pain and suffering and $583.78 in unreimbursable expenses) in the form of a check payable to petitioner, Kay Pate. 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 COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On January 4, 2018, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34. Accordingly, on January 5, 2018, the Chief Special Master issued a Ruling on Entitlement.

Respondent now proffers that, based on the evidence of record, petitioner should be awarded $78,083.78 (comprised of $77,500.00 in past and future pain and suffering and $583.78 in unreimbursable expenses). This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Items of Compensation and Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment described below, and request that the Chief Special Master's decision and the Court's judgment award the following:1

A. Petitioner's Damages

A lump sum payment of $78,083.78 in the form of a check payable to petitioner, Kay Pate.

B. Guardianship

Petitioner is a competent adult. Evidence of guardianship is not required in this case.