Filed: Nov. 21, 2019
Latest Update: Nov. 21, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On July 16, 2018, Sherri Christy 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 received a tetanus-diphtheria-acellular pertussis ("Tdap") vaccination on September 13, 2017, and thereafter suffered from a left-sided shoulder injury related to vaccine administration ("SIRVA"). Petit
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On July 16, 2018, Sherri Christy 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 received a tetanus-diphtheria-acellular pertussis ("Tdap") vaccination on September 13, 2017, and thereafter suffered from a left-sided shoulder injury related to vaccine administration ("SIRVA"). Petiti..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Chief Special Master.
On July 16, 2018, Sherri Christy 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 received a tetanus-diphtheria-acellular pertussis ("Tdap") vaccination on September 13, 2017, and thereafter suffered from a left-sided shoulder injury related to vaccine administration ("SIRVA"). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 21, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On November 19, 2019, Respondent filed a combined Rule 4 report/Proffer on Award of Compensation ("Rule 4/Proffer") indicating Petitioner should be awarded $55,380.00 (including $380.00 for past unreimbursed expenses). Rule 4/Proffer at 3. In the Rule 4/Proffer, respondent represented that Petitioner agrees with the proffered award. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum payment of $55,380.00 (including $380.00 for past unreimbursed expenses) in the form of a check payable to Petitioner. 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.
