Filed: Jun. 26, 2019
Latest Update: Jun. 26, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 12, 2017, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., (the "Vaccine Act"). Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of her December 8, 2015 influenza ("Flu") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of th
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 12, 2017, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., (the "Vaccine Act"). Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of her December 8, 2015 influenza ("Flu") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On June 12, 2017, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq., (the "Vaccine Act"). Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of her December 8, 2015 influenza ("Flu") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 26, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On June 24, 2019, respondent filed a proffer on award of compensation indicating petitioner should be awarded $631.02 in compensation for unreimbursable medical expenses, $100,000.00 in compensation for petitioner's actual and projected pain and suffering, and $26,432.92 for petitioner's lost earnings, for a total award of $127,063.94. Respondent's Rule 4(c) Report and Proffer on Award of Compensation ("Proffer") at 3-4. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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 Proffer, the undersigned awards petitioner a lump sum payment of $127,063.94 (representing $631.02 in compensation for unreimbursable medical expenses, $100,000.00 in compensation for petitioner's actual and projected pain and suffering, and $26,432.92 in compensation for petitioner's lost wages) in the form of a check payable to petitioner, Diane Fedorchak. 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.2
IT IS SO ORDERED.
