UNPUBLISHED

DECISION AWARDING DAMAGES1

BRIAN H. CORCORAN, Chief Special Master.

On May 9, 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 she suffered a shoulder injury related to vaccine administration ("SIRVA") as the result of an influenza ("flu") vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 23, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for her injury. On October 7, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $142,725.79. This amount includes damages for pain and suffering ($135,000.00), past lost wages ($3,454.57), and past unreimbursed expenses ($4,271.22) and represents all elements of compensation to which petitioner is entitled. 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 $142,725.79 in the form of a check payable to petitioner, Janine King. 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.

RRESPONDENT'S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On October 22, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is entitled to vaccine compensation for her bursitis that was caused-in-fact by the flu vaccine she received on October 3, 2014. A Ruling on Entitlement, adopting respondent's recommendation, was issued the next day, on October 23, 2018.

Based upon the evidence of record, respondent proffers that petitioner should be awarded $142,725.79. This is comprised of pain and suffering ($135,000.00), past lost wages ($3,454.57), and past unreimbursed expenses ($4,271.22), and 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

Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $142,725.76 in the form of a check payable to petitioner.2 Petitioner agrees.