Filed: Nov. 21, 2019
Latest Update: Nov. 21, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 CHRISTIAN J. MORAN , Special Master . On January 12, 2016, Barbara Steele filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-1 et seq., alleging that the influenza ("flu") and tetanus-diphtheria-acellular pertussis ("Tdap") vaccinaations caused her to suffer shoulder injuries related to vaccine administration ("SIRVA") in both shoulders. On May 23, 2016, the former chief special master ru
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 CHRISTIAN J. MORAN , Special Master . On January 12, 2016, Barbara Steele filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-1 et seq., alleging that the influenza ("flu") and tetanus-diphtheria-acellular pertussis ("Tdap") vaccinaations caused her to suffer shoulder injuries related to vaccine administration ("SIRVA") in both shoulders. On May 23, 2016, the former chief special master rul..
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UNPUBLISHED DECISION AWARDING DAMAGES1
CHRISTIAN J. MORAN, Special Master.
On January 12, 2016, Barbara Steele filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that the influenza ("flu") and tetanus-diphtheria-acellular pertussis ("Tdap") vaccinaations caused her to suffer shoulder injuries related to vaccine administration ("SIRVA") in both shoulders. On May 23, 2016, the former chief special master ruled, based upon respondent's concession, see Resp't's Rep., filed May 23, 2016, that petitioners are entitled to compensation under the Vaccine Act.
On November 20, 2019, respondent filed a Proffer on Award of Compensation, to which petitioner agrees. Based upon the record as a whole, the special master finds the proffer reasonable and that petitioner is entitled to an award as stated in the Proffer. Pursuant to the attached Proffer the court awards petitioner:
1. A lump sum payment of $2,583,262.00, representing compensation for lost earnings and pain and suffering, in the form of a check payable to petitioner, Barbara Steele. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 17-1557V according to this decision and the attached proffer.2
Any questions may be directed to my law clerk, Haley Hawkins, at (202) 357-6360.
IT IS SO ORDERED.