Filed: Apr. 03, 2019
Latest Update: Apr. 03, 2019
Summary: DECISION AWARDING DAMAGES — SPECIAL PROCESSING UNIT 1 NORA BETH DORSEY , Chief Special Master . On January 4, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine. Petition at 1. On December 8, 2017, the undersigned issued a ruling finding
Summary: DECISION AWARDING DAMAGES — SPECIAL PROCESSING UNIT 1 NORA BETH DORSEY , Chief Special Master . On January 4, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine. Petition at 1. On December 8, 2017, the undersigned issued a ruling finding p..
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DECISION AWARDING DAMAGES — SPECIAL PROCESSING UNIT1
NORA BETH DORSEY, Chief Special Master.
On January 4, 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 he suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine. Petition at 1.
On December 8, 2017, the undersigned issued a ruling finding petitioner entitled to compensation. ECF No. 37. A damages order was issued on January 3, 2018. ECF No. 39. The parties were unable to reach a resolution on the appropriate amount of damages, specifically, the amount to be awarded for petitioner's pain and suffering. ECF Nos. 44.
On March 20, 2019, the undersigned issued a damages ruling, awarding petitioner $185,000.00 for petitioner's actual pain and suffering, $45,000.00 for future pain and suffering, and $37,921.48 for lost wages. Damages Ruling dated March 20, 2019 ECF No. 57. That ruling is incorporated herein as if fully set forth. The undersigned ordered the parties to file a joint status report converting the award of future pain and suffering to its net present value and to report on all other outstanding items of damages that remain unresolved, if any. Id. On March 26, 2019, the parties filed a joint status report agreeing that the net present value of the award for petitioner's future pain and suffering is $42,113.39. ECF No. 58.
Therefore, the undersigned awards a lump sum payment of $265,034.87 (representing $185,000.00 for actual pain and suffering, $42,113.39 for future pain and suffering (converted to net present value) and $37,921.48 or lost wages) in the form of a check made payable to petitioner, Gregory Hooper.
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
