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  5. Williams v. Secretary of Health and Human Services, 170830V. (2019)

Williams v. Secretary of Health and Human Services, 170830V. (2019)

Court: United States Court of Federal Claims Number: infdco20191018a13 Visitors: 15
Filed: Jul. 05, 2019
Latest Update: Jul. 05, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 20, 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 she suffered a shoulder injury related to vaccine injury ("SIRVA") as a result of her October 22, 2014 influenza ("flu") vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the
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UNPUBLISHED

DECISION AWARDING DAMAGES1

On June 20, 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 she suffered a shoulder injury related to vaccine injury ("SIRVA") as a result of her October 22, 2014 influenza ("flu") vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 31, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On July 3, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $70,688.05 consisting of $70,000.00 to petitioner and $688.05 for satisfaction of the State of California Medicaid lien. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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:

(1) a lump sum of $70,000.00 in the form of a check payable to petitioner; and (2) a lump sum payment of $688.05, representing compensation for satisfaction of the State of California Medicaid lien, 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 payment to the State. These amounts represent 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.

THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DEANNA WILLIAMS, Petitioner, v. No. 17-830V Chief Special Master Nora Beth Dorsey SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On January 31, 2018, the Court entered its "Finding of Fact and Ruling on Entitlement," finding petitioner entitled to compensation.1 Respondent now proffers that the Court award the following for all compensation for damages available under 42 U.S.C. § 300aa-15(a):

(1) A lump sum of $70,000.00 in the form of a check payable to petitioner;2 and (2) A lump sum payment of $688.05, representing compensation for satisfaction of the State of California Medicaid lien, 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 payment to the State.

Petitioner agrees with the proffered award of $70,000.00, in addition to $688.05 to satisfy the aforementioned Medicaid lien.3

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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/RYAN D. PYLES RYAN D. PYLES Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-9847 Dated: July 3, 2019

FootNotes


1. The undersigned intends to post this decision on the United States Court of Federal Claims' website. This means the decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services).
2. National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all "§" references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
3. Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties' joint filing of notice renouncing the right to seek review.
1. Respondent reserves the right to seek review of the Court's "Finding of Fact and Ruling on Entitlement," pursuant to 42 U.S.C. § 300aa-12(e), following the issuance of a decision by the Chief Special Master ordering the entry of final judgment.
2. Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages.
3. This proffer does not include any award for attorneys' fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e).
Source:  Leagle
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Citations
170830V.
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  • Shealene Priscilla Mancuso
  • Ryan Daniel Pyles
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