Filed: Jan. 13, 2020
Latest Update: Jan. 13, 2020
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On August 16, 2018, Mary McNally 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 shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccination administered on November 4, 2016. Petition at 1. The case was assigned to the Spec
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On August 16, 2018, Mary McNally 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 shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccination administered on November 4, 2016. Petition at 1. The case was assigned to the Speci..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Chief Special Master.
On August 16, 2018, Mary McNally 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 shoulder injury related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccination administered on November 4, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 13, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On January 8, 2020, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded $71,851.19 (comprised of $70,000.00 for actual pain and suffering and $1,851.19 for past unreimbursable expenses). Proffer at Respondent's Rule 4(c) Report and Proffer. 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 Proffer, I award Petitioner a lump sum payment of $$71,851.19 (comprised of $70,000.00 for actual pain and suffering and $1,851.19 for past 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.
