Filed: Jun. 22, 2018
Latest Update: Jun. 22, 2018
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On August 23, 2017, petitioner 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 left shoulder injuries due to an influenza vaccination received on September 30, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. O
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On August 23, 2017, petitioner 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 left shoulder injuries due to an influenza vaccination received on September 30, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On August 23, 2017, petitioner 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 left shoulder injuries due to an influenza vaccination received on September 30, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 11, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. On June 22, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded a lump sum of $95,169.66, as well as $7,027.61 to satisfy a Medicaid lien. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards the following compensation, which represents compensation for all damages that would be available under § 300aa-15(a):
1. A lump sum payment of $95,169.66 in the form of a check payable to petitioner, Raquel Fournier; and
2. A lump sum payment of $7,027.61, representing compensation to the state of California of a Medicaid lien, in the form of a check payable jointly to petitioner and to:
Department of Health Care Services
Recovery Branch — MS4720
P.O. Box 997421
Sacramento, CA 95899-7421
Petitioner agrees to endorse this check to the state of California.
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RAQUEL FOURNIER,
Petitioner,
No. 17-1139V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMANSERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On June 11, 2018, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner is entitled to vaccine compensation for her shoulder injury related to vaccine administration ("SIRVA"). Based upon the evidence of record, respondent proffers that petitioner should be awarded compensation consisting of a lump sum of $95,169.66, as well as $7,027.61 to satisfy a Medicaid lien, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $95,169.66, in the form of a check payable to petitioner, as well as a lump sum payment of $7,027.61, representing reimbursement to the state of California Medicaid lien ("Medi-Cal"), in the form of a check payable jointly to petitioner and:
Department of Health Care Services
Recovery Branch — MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Petitioner agrees to endorse this check to the state of California.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
___________________________
ILENE ALBALA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-3655
Dated: June 22, 2018
