Filed: Aug. 12, 2019
Latest Update: Aug. 12, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On July 30, 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 "injuries, including shoulder tendonitis, resulting from the influenza vaccination she received on September 5, 2017." Petition at 1. The case was assigned to the Special Processing Unit of the Offi
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On July 30, 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 "injuries, including shoulder tendonitis, resulting from the influenza vaccination she received on September 5, 2017." Petition at 1. The case was assigned to the Special Processing Unit of the Offic..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On July 30, 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 "injuries, including shoulder tendonitis, resulting from the influenza vaccination she received on September 5, 2017." Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 12, 2019, respondent filed a combined Rule 4 report and proffer on award of compensation. Respondent's Rule 4(c) Report and Proffer ("Rule 4 Report and Proffer") (ECF No. 19). The same day, a ruling on entitlement was issued, finding petitioner entitled to compensation for his SIRVA. (ECF No. 20). In the Rule 4 Report and Proffer, respondent represents that $42,500.00 for petitioner's actual and projected pain and suffering is an appropriate award in this case and that petitioner agrees with the proffered award. Rule 4 Report and Proffer at 3.3 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 $42,500.00, representing compensation for petitioner's actual and projected pain and suffering, in the form of a check payable to petitioner, Sarah L. Ickes. 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.4
IT IS SO ORDERED.
