Filed: Aug. 05, 2016
Latest Update: Aug. 05, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 10, 2014, 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 C.S. died of acute cerebral edema and brain herniation as a result of receiving, inter alia, a DtaP vaccine. Petition at 1. Petitioner alleged C.S.'s injury and death were either caused in fact by his vacc
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 10, 2014, 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 C.S. died of acute cerebral edema and brain herniation as a result of receiving, inter alia, a DtaP vaccine. Petition at 1. Petitioner alleged C.S.'s injury and death were either caused in fact by his vacci..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On November 10, 2014, 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 C.S. died of acute cerebral edema and brain herniation as a result of receiving, inter alia, a DtaP vaccine. Petition at 1. Petitioner alleged C.S.'s injury and death were either caused in fact by his vaccinations or constituted an injury contained within the Vaccine Injury Table. Id at 6. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 9, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for an on-Table Encephalopathy. On August 5, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $375, 332.22, including $25,302.25 for reimbursement of a Commonwealth of Virginia 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 petitioner:
• A lump sum of $25,302.25, which amount represents reimbursement of a Commonwealth of Virginia Medicaid lien, in the form of a check payable jointly to petitioner and
Department of Medical Assistance Services
Accounts Receivable 8th Floor
600 E. Broad Street
Richmond, VA 232193
• A lump sum payment of $350,029.97 in the form of a check payable to petitioner as the legal representative of the estate of C.S.
These amounts represent compensation for all damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 9, 2015, former Chief Special Master Denise K. Vowell issued a Ruling on Entitlement determining that petitioner was entitled to vaccine compensation for the death of her son, C.S., following his receipt of multiple vaccinations on November 16, 2012. Based upon the evidence of record, respondent proffers that petitioner should be awarded $375,332.22, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through the following lump sum payments:
a) a lump sum of $25,302.25, which amount represents reimbursement of a Commonwealth of Virginia Medicaid lien, in the form of a check payable jointly to petitioner, and
Department of Medical Assistance Services
Accounts Receivable 8th Floor
600 E. Broad Street
Richmond, VA 23219
Petitioner agrees to endorse this check to the appropriate State agency.
b) a lump sum payment of $350,029.97, in the form of a check payable to petitioner as the legal representative of the estate of C.S. Petitioner agrees. These amounts account for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
No payments shall be made until petitioner provides respondent with documentation that she has been appointed as the legal representative of C.S.'s estate.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
Senior Trial Attorney
Torts Branch, Civil Division
/s/Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4125
Dated: August 5, 2016 Fax: (202) 616-4310
