UNPUBLISHED

DECISION AWARDING DAMAGES1

BRIAN H. CORCORAN, Chief Special Master.

On January 3, 2018, Ingrid Larish 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 left shoulder injury related to vaccine administration ("SIRVA") as a result of the influenza ("flu") vaccine administered on October 31, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 6, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On December 12, 2019, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded $100,666.48. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 1-2. 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 $100,666.48 (representing compensation in the amount of $100,000.00 for pain and suffering and $666.48 in unreimbursable 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.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On September 3, 2019, respondent filed a Vaccine Rule 4(c) report advising that, in light of Special Master Dorsey's Fact Ruling finding onset of petitioner's alleged SIRVA within 48 hours of vaccination, and the medical evidence submitted in this case, respondent would not defend the case on other grounds during proceedings before the Office of Special Masters, and requested a ruling on the record. On September 6, 2019, Special Master Dorsey entered a Ruling on Entitlement, finding petitioner, Ingrid M. Larish, entitled to Vaccine Act compensation for her Table SIRVA injury.

I. Amount of Compensation

Respondent now proffers that, based on the Special Master's entitlement decision and the evidence of record, petitioner should be awarded $100,666.48.1 This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Items of Compensation and Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment described below, and request that the Chief Special Master's damages decision and the Court's judgment award the following:2

A. Petitioner's Damages

A lump sum payment of $100,666.48 (comprised of $100,000.00 for pain and suffering and $666.48 in unreimbursable expenses) in the form of a check payable to petitioner, Ingrid M. Larish.

B. Guardianship

Petitioner is a competent adult. Evidence of guardianship is not required in this case.