Filed: Dec. 12, 2019
Latest Update: Dec. 12, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On September 18, 2018, Jennifer Mitchell 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) after receiving the influenza ("flu") vaccination on November 4, 2017. Petition at 1. The case was assigned to the Speci
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On September 18, 2018, Jennifer Mitchell 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) after receiving the influenza ("flu") vaccination on November 4, 2017. Petition at 1. The case was assigned to the Specia..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Chief Special Master.
On September 18, 2018, Jennifer Mitchell 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) after receiving the influenza ("flu") vaccination on November 4, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 12, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a left SIRVA. On December 5, 2019, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded $72,627.13, with $70,000 for pain and suffering and $2,627.13 for unreimbursed expenses. Respondent's Rule 4(c) Report and Proffer on Award of Compensation at 4. 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 in Respondent's Rule 4(c) Report and Proffer on Award of Compensation (ECF 35), I award Petitioner a lump sum payment of $72,627.13 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.