UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On January 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 caused by her November 17, 2015 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 3, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ("SIRVA"). On December 21, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $36,492.23, representing $35,000.00 in compensation for actual pain and suffering and $1,492.23 in compensation for past unreimbursable expenses. 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. Id.

Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $$36,492.23, representing compensation for actual pain and suffering ($35,000.00) and past unreimbursable medical expenses ($1,492.23) in the form of a check payable to petitioner, Tiffany Cooper. 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.

PROFFER ON AWARD OF COMPENSATION1

I. Procedural History

On January 26, 2017, Tiffany Cooper ("petitioner") filed a Petition ("Petition") for compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act"). Petitioner alleges that she suffered from a shoulder injury related to vaccine administration ("SIRVA") as a result of receiving an influenza vaccination in her left shoulder on November 17, 2015. Petition at 1-2.

On September 8, 2017, respondent filed a Vaccine Rule 4(c) Report, and on August 3, 2018, the Court found petitioner entitled to compensation, based on a theory of causation-in-fact.

II. Items of Compensation

A. Pain and Suffering

The parties agree that based upon the evidence of record, petitioner is entitled to an award of actual pain and suffering as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(4). Respondent proffers that the appropriate award for petitioner's actual pain and suffering is $35,000.00. Petitioner agrees.

B. Past Unreimbursable Medical Expenses

The parties agree that the evidence supplied by petitioner documents Tiffany Cooper's expenditure of past unreimbursable expenses related to her vaccine-related injury. See 42 U.S.C. § 300aa-15(a)(1)(B). Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,492.23. Petitioner agrees.

III. Form of the Award

Respondent recommends that the compensation provided to petitioner 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 following:2

A lump sum payment of $36,492.23, representing compensation for actual pain and suffering ($35,000.00) and past unreimbursable medical expenses ($1,492.23), in the form of a check payable to petitioner.3 Petitioner agrees.