Filed: Nov. 25, 2019
Latest Update: Nov. 25, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On October 16, 2019, Melani Depetro 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 that she suffered a shoulder injury related to vaccine administration ("SIRVA") resulting from the influenza vaccination on October 19, 2016. Petition at 1. The case was assigned to the Special Process
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On October 16, 2019, Melani Depetro 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 that she suffered a shoulder injury related to vaccine administration ("SIRVA") resulting from the influenza vaccination on October 19, 2016. Petition at 1. The case was assigned to the Special Processi..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Chief Special Master.
On October 16, 2019, Melani Depetro 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 that she suffered a shoulder injury related to vaccine administration ("SIRVA") resulting from the influenza vaccination on October 19, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 25, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On November 22, 2019, Respondent filed an amended Rule 4(c) report and proffer on award of compensation ("Amended Rule 4(c) Report and Proffer")3 indicating Petitioner should be awarded $55,701.85, representing $55,000.00 for Petitioner's pain and suffering and $701.85 for Petitioner's past out-of-pocket expenses. Amended Rule 4(c) Report and Proffer at 3, ECF 52. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $55,701.85, representing $55,000.00 for Petitioner's pain and suffering and $701.85 for Petitioner's actual unreimbursable epenses 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.4
IT IS SO ORDERED.
