Filed: Aug. 23, 2018
Latest Update: Aug. 23, 2018
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 2, 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") following an influenza ("flu") vaccine administered on September 23, 2015. Petition at 1. The case was assigned to the Special Proces
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 2, 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") following an influenza ("flu") vaccine administered on September 23, 2015. Petition at 1. The case was assigned to the Special Process..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On November 2, 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") following an influenza ("flu") vaccine administered on September 23, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 22, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On August 22, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $131,280.57 comprised of $122,500.00 for pain and suffering, $1,780.57 for past unreimbursed expenses, and $7,000.00 for lost wages. 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 $131,280.57 in the form of a check payable to petitioner, Donna Huddy. 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. Compensation for Vaccine Injury-Related Items:
On March 20, 2017, respondent filed a Vaccine Rule 4(c) report concluding that petitioner, Donna Huddy, 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 March 22, 2017, the Chief Special Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should be awarded $131,280.57, consisting of $122,500.00 for pain and suffering, $1,780.57 for past unreimbursed expenses, and $7,000.00 for lost wages. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to Donna Huddy should be made through a lump sum payment as described below, and they request that the Chief Special Master's decision and the Court's judgment award the following:
A lump sum payment of $131,280.57 in the form of a check payable to petitioner, Donna Huddy.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
