Filed: Jan. 16, 2020
Latest Update: Jan. 16, 2020
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On October 30, 2018, Deborah Flynn 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 sustained left shoulder injuries related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine received on January 17, 2018. Petition at 1. The case was assigned to the Spec
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On October 30, 2018, Deborah Flynn 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 sustained left shoulder injuries related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine received on January 17, 2018. 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UNPUBLISHED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 October 30, 2018, Deborah Flynn 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 sustained left shoulder injuries related to vaccine administration ("SIRVA") as a result of an influenza ("flu") vaccine received on January 17, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 11, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 15, 2020, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded $45,000.00, with the full amount being for pain and suffering. Proffer at 1. 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 $45,000.00, with the full amount being for pain and suffering, 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.
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On October 30, 2018, Deborah Flynn ("petitioner") filed a petition for compensation ("petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended. She alleges that, as a result of receiving the influenza vaccine on January 17, 2018, she suffered from a left shoulder injury related to vaccine administration ("SIRVA"). Petition. On December 6, 2019, respondent filed his Vaccine Rule 4(c) report, conceding SIRVA as a Table injury. On December 11, 2019, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $45,000.00, for all damages, with the full amount being for pain and suffering, paid in the form of a check to petitioner. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $45,000.00 in the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Jeffrey T. Sprague
JEFFREY T. SPRAGUE
Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4179
Dated: January 15, 2020 Fax: (202) 616-4310