DECISION AWARDING DAMAGES1

UNPUBLISHED

NORA BETH DORSEY, Chief Special Master.

On August 13, 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 suffered a shoulder injury related to vaccine administration ("SIRVA") following an influenza ("flu") vaccination administered on November 9, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 8, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On August 5, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $47,920.41 consisting of $47,500.00 for past and future pain and suffering, and $420.41 for past unreimbursable expenses. Proffer at 1. 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 attached Proffer, the undersigned awards petitioner a lump sum payment of $47,920.41 (consisting of $47,500.00 for past and future pain and suffering and $420.41 for past unreimbursable expenses) in the form of a check payable to petitioner, Kathryn E. McCreary. 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

On August 13, 2018, Kathryn E. McCreary ("petitioner") filed a petition for vaccine injury compensation alleging that she suffered a left shoulder injury related to vaccine administration ("SIRVA"), a Table injury, following receipt of an influenza ("flu") vaccination administered on November 9, 2016. Respondent filed his Rule 4(c) Report conceding entitlement to compensation on July 8, 2019. The Chief Special Master issued a Ruling on Entitlement that same day.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded a total of $47,920.41, consisting of $47,500.00 for her past and future pain and suffering and $420.41 for documented past unreimbursable expenses. This represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).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 $47,920.41 in the form of a check payable to petitioner.2 Petitioner agrees.