Filed: Oct. 22, 2018
Latest Update: Oct. 22, 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Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master .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 left shoulder injuries as a result of an influenza vaccine received on October 8, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On Januar
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master .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 left shoulder injuries as a result of an influenza vaccine received on October 8, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January..
More
UNPUBLISHED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 left shoulder injuries as a result of an influenza vaccine received on October 8, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 26, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injuries. On October 22, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $97,957.05 (including $97,500.00 for actual and projected pain and suffering and $457.05 for past 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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $97,957.05 (including $97,500.00 for actual and projected pain and suffering and $457.05 for past lost wages) in the form of a check payable to petitioner, Crystal Martin. 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.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded $97,957.05, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a), including $97,500.00 for actual and projected pain and suffering and $457.05 in past lost wages.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $97,957.05 in the form of a check payable to petitioner. Petitioner agrees.
