Filed: Feb. 15, 2019
Latest Update: Feb. 15, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 6, 2018, 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 sustained a shoulder injury related to vaccine administration ("SIRVA"), the symptoms of which began within 48 hours and lasted more than six months. Petition at 1, 2, 8.The case was assigned to the
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 6, 2018, 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 sustained a shoulder injury related to vaccine administration ("SIRVA"), the symptoms of which began within 48 hours and lasted more than six months. Petition at 1, 2, 8.The case was assigned to the S..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On September 6, 2018, 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 sustained a shoulder injury related to vaccine administration ("SIRVA"), the symptoms of which began within 48 hours and lasted more than six months. Petition at 1, ¶¶ 2, 8.The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 13, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. On February 15, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $40,911.54, representing compensation in the amount of $40,000.00 for pain and suffering and $911.54 for past loss of earnings. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. at 2. 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 $40,911.54, representing compensation in the amount of $40,000.00 for pain and suffering and $911.54 for actual loss of earnings in the form of a check payable to petitioner, Elizabeth Schnarr. 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 September 6, 2018, Elizabeth Schnarr ("petitioner") filed a petition for compensation ("petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to — 34, as amended. She alleges that, as a result of receiving the influenza ("flu") vaccine on September 6, 2016, she suffered from a left shoulder injury related to vaccine administration ("SIRVA"). Petition at 1-4. On November 8, 2018, respondent filed his Vaccine Rule 4(c) report, conceding a Table injury for SIRVA. On November 13, 2018, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $40,911.54 ($40,000.00 for pain and suffering, and $911.54 for past loss of earnings) for all damages. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $40,911.54, in the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: February 15, 2019 Fax: (202) 616-4310