UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On October 6, 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 injuries, including a Shoulder Injury Related to Vaccine Administration resulting from an influenza vaccination received on October 13, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 5, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for subacromial bursitis, tendonitis, and impingement syndrome. On October 9, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $82,500.00. 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 $82,500.00 in the form of a check payable to petitioner, Bangone Thirakul. 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

On October 6, 2017, Bangone Thirakul ("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"), alleging that she suffered a shoulder injury related to vaccine administration ("SIRVA") in her left shoulder as a result of an influenza ("flu") vaccine administered on October 13, 2014. Petition at 1. On September 4, 2018, the Secretary of Health and Human Services ("respondent") filed a Rule 4(c) Report concluding that a preponderance of the medical evidence establishes that petitioner's subacromial bursitis, tendonitis, and impingement syndrome, confirmed by an MRI, were caused-in-fact by the flu vaccine she received on October 13, 2014, and indicating that this case is appropriate for compensation under the terms of the Act. ECF No. 37. The Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation on September 5, 2018. ECF No. 38.

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that Bangone Thirakul should be awarded $82,500.00 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.

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 Bangone Thirakul 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: $82,500.00 for pain and suffering, in the form of a check payable to petitioner, Bangone Thirakul.

III. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, Bangone Thirakul: $82,500.00